Madhya Pradesh High Court
Maganlal vs Shri Krishna Jain Mahila Kala Kendra ... on 21 September, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 21st OF SEPTEMBER, 2022
MISC. PETITION No. 2902 of 2022
BETWEEN:-
MAGANLAL S/O HIRALAL RUNWAL, AGED
ABOUT 80 YEARS, OCCUPATION: BUSINESS
CHOUMUKHI PUL RATLAM (MADHYA
PRADESH)
.....PETITIONER
(SHRI VISHAL LASHKARI, LEARNED COUNSEL FOR THE
PETITIONER)
AND
SHRI KRISHNA JAIN MAHILA KALA KENDRA
THROUGH MANAGING TRUSTEE AND
PRESIDENT KANTILAL S/O CHANDMALJI
MANDLECHA, AGED ABOUT 70 YEARS,
OCCUPATION: BUSINESS DHANMANDI
RATLAM (MADHYA PRADESH)
.....RESPONDENT
(SHRI A.K. SETHI, LEARNED SENIOR COUNSEL WITH SHRI
V.A.KATKANI, LEARNED COUNSEL FOR THE RESPONDENT)
T h is petition coming on for orders this day, t h e cou rt passed the
following:
ORDER
This is a petition filed under Article 227 of the Constitution of India being aggrieved by the order dated 04.04.2022, by which the application filed by the petitioner under section 151 of the CPC challenging the maintainability of the respondent's application dated 16.02.2022 under section 25 (3) of the MP Public Trust Act, 1951 (hereinafter referred as Public Trust Act) has been rejected.
One Kanihyalal S/o Hemraj Gandhi has filed an application before the Signature Not Verified Signed by: SOURABH YADAV Signing time: 9/22/2022 9:55:53 AM 2 Registrar, Public Trust under section 9 of the Public Trust Act. By order dated 21.09.2021, the Registrar, Public Trust passed an order for electing new trustee according to the by-law of the trust and to submit a report before the Registrar of the Public Trust, Ratlam. As per the direction of the Registrar, Public Trust, dated 21.09.2021, the Managing Trustee/petitioner after following the process as per the by-law of the trust conducted the election proceedings and submitted the names of newly elected trustee before the Registrar, Public Trust, Ratlam. The Registrar, Public Trust, passed an order to enter the names of new trustee in trust register maintained by Registrar of Public Trust under section 7 of the Public Trust Act. The application was submitted to correct the wrong name mentioned in the order dated 07.12.2021 Maganlal Runwal instead of Mangilal Runwal. An order was passed on 27.12.2021 for correcting the name and entries made in the Pubic Trust Register. On 27.12.2021, new elected trustees names were entered in the trust register as per the orders dated 07.12.2021 and 27.12.2021. The respondents being aggrieved by the disposal of the application under section 9 filed an application under section 25 of the Public Trust Act before the District Judge, Ratlam. The petitioner filed an application challenging the maintainability of the respondent's application under section 25 of the Public Trust Actr. By the impugned order, the District Judge, Ratlam has dismissed the application filed by the petitioner regarding maintainability of the application under section 25 of the Public Trust Act by the impugned order.
Learned counsel for the petitioner submitted that as per the provisions of sub-section 3 of section 9, the provisions of section 8 shall apply to any finding under the said section as they apply to the finding under section 6. As per the section 8, any working trustee or person having interest in the public trust or Signature Not Verified Signed by: SOURABH YADAV Signing time: 9/22/2022 9:55:53 AM 3 any property found to be trust property, aggrieved by the finding of the Registrar under section 6 may within six months from the date of publication of the notice under sub-section 1 of section 7 institute a suit in the civil Court. The District Judge had no jurisdiction to entertain the application under section 25(3) as Miscellaneous Judicial Case.
Learned senior counsel for the respondent submitted that the respondent have filed an application under section 25 (3) of the Public Trust Act being aggrieved by the order dated 21.09.2021 directing for election because they had applied for filling up of the vacancy before the Registrar, Public Trust but by an erroneous order, he has directed for holding of elections of the trust, therefore, they have filed an application under sub-section 3 of section 25 of the Public Trust Act. It is further submitted that during the pendency of the petition, the petitioner has already filed written statement and therefore, the court may be directed to proceed with the case and to pass a final order.
Upon perusal of the impugned order, I find that the trial court while rejecting the objection of the petitioner regarding maintainability of the application under section 25(3) had not taken into consideration the objection raised by the petitioner in proper prospective. The petitioner had raised an objection regarding maintainability of the petition in view of the provisions of section 7,8,9 of the Public Trust Act. The Court has also not taken into consideration the impact of the order dated 21.09.2021 passed by the Registrar, Public Trust Act directing for holding the elections, therefore, I deem it proper to quash the impugned order dated 04.04.2022 and to direct the Court to decide the objection of the petitioner afresh taking into consideration the various objections raised by the parties in view of the provisions of section 7,8,9 and 25 of the Public Trust Act.
Signature Not Verified Signed by: SOURABH YADAV Signing time: 9/22/2022 9:55:53 AM 4With the aforesaid, the present petition is partly allowed and disposed off.
(VIJAY KUMAR SHUKLA) JUDGE Sourabh Signature Not Verified Signed by: SOURABH YADAV Signing time: 9/22/2022 9:55:53 AM