/<^\ / A^ •u^ s^*'"^' .}.;. HIGH COURTQE.CHHATFISGARH AT B1LASPUR WRrTPETmON(Q No. 2219 of2009 ,, PETmONERS : 1. Vasudeo Singh Thakur S/o Late Maaraldian Sin^i, Aged about 64 yea's, Geiieral Secretary, AKhil Bhargt Hindu Mahasabha, R/o Tiraiiga Chowk, Kuslialpur, Rayur (C.G.) 2. Akliil Hiarat Hindu Mahas^ha; Ghhattisgarh Braneh Thrcu^i: Petitioaer No. I. VERSUS RESPONDENTS : 1. State of Chhattisgarh 'nawigh: , CoBector/Registi-ar, Public TnMt Ratpur (0.0.) 2. Sub DivisionalOfiBea-, (Revemie) &Registrar Public Trost Raipar (C.G.) 3. Mahant Rameshwar Gir, S/o Shri Shainbu Gir r/o village Pawaa, PatWari HalkaNo. 10, C.G. ' Board of Revenue. Kharod, Distt. Ratpu' (C.G.) Sarwaralikar, Shri Kankalt Den Mandir. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTjnvnQN OF INDIA SB: IIon'Me Siiri Satisii K. AgnBiotei. J. Kresent; Shri J.K.Shastri, Advoeate fw tfae petitioner. Shri Amrito Das, Panel Lawyer fortiie State/respondffts 1 aad 2. ORDEaBt(0»ALV (Passed onOl" dayafJnty, 2009) Heard. . 1. The petitioaers are aggrieved by tte order dated 12.01.2009 (Amiexure P0) passed by tfae Sub Divisional OflBcer (Revenue)-cmn-Registrar, Public Tmst, Raipur in case No. 24-B/113, (4) Year 206-2007. The {^titioner No. 1 has made a eomplaiiit to the Registrar, Public Trust, thatthe trust property is beiag sold off to other persons wifhout Ifaere being any permission. The r^pondent No. 2 soi^ht far an enquiry rqxut fi-om the Tehsildar and eame to the conelusion that the alleged property ofthe trost has been sold after obtaining proper pMinissioa ^oflhe Regstrar, Public Trost. Accordingly, Ihe applieatiui ffled by the petitioners was rejected. Being agyieved, Ifae petitioners have filed tfau petitioh. 2. Leamed counsel appearing for fhe ptitioner submits that Ifaere is ao statotory forum available to petitioners undw the provisioas oflaw to take up die <Usputes arising fi-om rejection oftiie application by Ifae Registrar, Public Trust. 3. Shri Anirito Das,leamed Paael Advocate appeariag for the respoadents 1 and 2 submits that section 8 oftiie Chhattisgarh Public Trust Act, 1951 (for short *Ae Act, 1951) provides tiiat if a person or trustee having interest in a public teusst or any property found to be tmst property, is aggrieved by any findmg of tfie :-^®ss Bimt ^'a^ Registear under section 6 may, •within six menths fi-om tiie date ofpublicatioB of the notice, institute a suit in acivil Court to have sach finding set aside or modified. Sectioa 5 oflfae Act, 1951 preseribes for seope ofenquiry. 4. On bareperusal oflfae provisions ofthe Act, 1951, it is evidaitfhat ifthere is aay dispute with regard to the property of the trust, the Reystrar, on an applieation may make an enquiry in Ifae preseribed manna' for tfae puqiose of ascertainmg the facts. In the {a-esent ca , on an applkation receival by 1he petitioner, an enquiry was naade by the Tehsildar and fha-eaftw, the Registrar; Public Tnist has passed lite impugned order dated 12.01.2009 (AnnaxureP/3). 5. Sedtion 6 aad 8 ofthe Act, 1951 provides for recording the fmding in respect of complaint naade under provisions ofseetion 5. Ifan order has beenpassed un<te section 7 (1) ofthe Act, 1951, that may be challenged m civil court fer setting aside or modifving sueh finding. The Reeistrar, Public liust has not found any merit in the complaint made by tiie petitioner and as sud, the same was rejected. Thus, fhe dispirte raised in this petition is within the purview of provisiaas of section 5,6,7 and8 ofthe Aet, 1951. 6. Accordingly, if the petitioners are ag^ieved by the order pasaed by the Registrar, Public Trust fhey may take recourse to statutory provisi(»sun<te Ae Act, 1951. Even otherwise, this petition involves disputed (piestioB of facts which cannot be detemuned in absenee ofexaminaticn and cross exammation of witnesses, documents and other evidences. 7. In view offoregoing, the petition is dismissed, reserving liberty to the petitioner to take recourse to altemate statutory forum that may be availabto to tfae petitioner, under provisions oflaw, ifso advised. p=== •- J ^SatishK.Agnihotn j ^ Judge .^^