Madhya Pradesh High Court
Shri Radha Krishana Mandir Dharmik Avam ... vs Religious Trusts And Endowments ... on 11 May, 2018
-: 1 :-
HIGH COURT OF MADHYA PRADESH; BENCH AT INDORE
Writ Petition No.2592 of 2016.
Shri Radha Krishna Mandir, Dharmik Avam Parmarthik Trust, Pachore
v/s
State of M.P. and others
.....
Indore, Dated : 11.05.2018:-
Shri A.S.Garg, learned Senior Counsel with Shri Sapnesh Jain, learned counsel for the petitioner.
Shri Vibhor Khandelwal, learned Govt. Advocate for the Respodents/State.
Shri V.K.Jain, learned Senior Counsel with Shri Vaibhav Jain, learned counsel for the Intervenors.
Heard on the question of admission.
O R D E R THE petitioner/Trust has filed the present petition being aggrieved by the letter dated 17.03.2016 written by the Collector, Rajgarh (Biaora) to Sub Divisional Officer (Revenue), Sarangpur, District Rajgarh (Biaora) directing constitution of Managing Committee of the "Shri Radhakrishna Mandir Pachore".
[2] According to the petitioner, Shri Radhakrishna Mandir, Pachore is an old non government Hindu Mandir and its management was being controlled by the persons mainly belonging to Agrawal Samaj, Pachore since the year 1945. Thereafter certain members of the Agrawal Samaj made a request to the Sub Divisional Officer to register Shri Radhakrishna Mandir as a Trust under the provisions of M. P. Public Trust Act for its effective maintenance and management. Vide letter dated 21.01.2015 the Deputy Collector on behalf of the Collector has directed the Sub Divisional Officer (Revenue), Sarangpur to become a President of the Trust. Thereafter the Trust was decided to -: 2 :- register in the name of "Shri Radhakrishna Mandir, Pachore" and notification to the said effect was duly published in the Gazette Notification dated 06.03.2015. As per the bye-laws of the Trust, the Sub Divisional Officer (Revenue), Sarangpur is made an ex-officio President and the Tehsildar, Pachore; President, Nagar Panchayat, Pachore and Chief Municipal Officer, Pachore are made ex-officio Secretary and Trustees. Apart from this 10 members of the Agrawal Samaj were made as Trustees by their names . All the movable and immovable properties belonging to the Mandir have become the properties of the Trust. Finally vide order dated 27.05.2015, the Trust has been registered as "Registration No.20/2015".
[3] All of a sudden, vide letter dated 17.03.2016 the Collector has directed the Sub Divisional Officer (Revenue), Sarangpur for constitution of Managing Committee of the temple for the management of the funds of Temple . Being aggrieved by the aforesaid letter, the petitioner has filed the present petition before this Court on the ground that once the Trust has been registered, then there is no necessity of constitution of Managing Committee of the temple.
[4] The State Government has filed the reply by submitting that the Collector has received communication dated 17.08.2015 from the Department of Dharmik Nyas Avam Dharmasva, Bhopal for constitution of Managing Committee of the Government Temple in which the Collector is recorded as Manager. In compliance of the aforesaid letter, the Collector has issued a direction for constitution of Managing Committee of the temple. In para 2 of the reply, it is submitted that after registration of the -: 3 :- Trust, one complaint was received by the Respondent No.2 to the effect that the constitution of the Trust is not according to the provisions of M. P. Public Trust Act, 1951 and, therefore, the Respondent No.2 has directed the Respondent No.3 to submit the report in this regard and after obtaining the report, direction was given for constitution of the Managing Committee.
[5] One Mohanlal Soni has filed an application [IA No.6371/2016] seeking intervention in the writ petition alleging that Shri Radhakrishna Mandir is a Government Temple in which the name of the Collector is recorded as Manager. The members of Agrawal Samaj for their vested interest have wrongly got constituted the Trust and illegally taken possession of the Government temple and the land and now they are using the same for commercial purpose. By order dated 28.02.2018 this Court has observed that the application for intervention would be considered at the time of hearing of the petition.
[6] Thereafter one Rambabu Saxena has also filed an application [IA No.6370/2016] seeking permission to intervene in this petition.
[7] The petitioner filed the rejoinder along with the copy of letter dated 28.06.2016 written by Sub Dicvisional Officer, Sarangpur to Collector, Rajgarh. The Naib Tehsildar has also send its comments to the Sub Divisional Officer in respect of notice under Section 80 of CPC given by one Giriraj Gupta, resident of Indore. In both these letters the authorities have opined that no offence has been committed by constituting the Trust.
[8] Later on intervener Mohanlal Soni has filed an -: 4 :- application [IA No.599/2018] for vacating the stay order alleging that the petitioner Trust is using the property for running the Coaching Centers by misusing the Government property.
[9] I have heard Shri A.S.Garg, learned Senior Counsel with Shri Sapnesh Garg, learned counsel appearing on behalf of the petitioner; Shri Vibhor Khandelwal, learned Govt. Advocate appearing on behalf of the Respondents/ State and Shri V.K.Jain, learned Senior Counsel with Shri Vaibhav Jain, learned counsel for the interveners.
[10] Admittedly vide order dated 27.05.2015 the Sub Divisional Officer (Revenue) has registered Shri Radhakrishna Mandir Trust Pachore with its Registration No.20/2015. Once the Trust has been registered under the provisions of M. P. Public Trust Act, 1951 and if any person is aggrieved by its registration then he is having remedy under Section 8 of the Act to file a civil suit. The Civil Court is competent to declare the registration of the Trust as null and void. Therefore, if the interveners are having any objection in respect of the constitution and registration of the Trust are having remedy under Section 8 of the M. P. Public Trust Act, 1951.
[11] It is settled law that interveners have right to argue only in support of the Respondents/Non-applicants. The interveners cannot pray for any relief independently in the case filed by the petitioner. In the present petition the interveners are virtually seeking declaration that the temple be declared as Government Temple and the registration of the Trust be declared as void , which is not permissible .
[12] Shri Vibhor Khandelwal, learned Govt. Advocate -: 5 :- has drawn attention of this court to Clause 9 of the bye-laws in which there is a provision of constitution of Managing Committee in order to manage the funds of the Trust. Shri Khandelwal submits that the Collector vide letter dated 17.03.2016 has directed for constitution of the said Managing Committee. In the reply the Government has admitted that the petitioner's Trust has been registered and thereafter certain complaints have been received in respect of the registration of the Trust.
[13] Shri A.S.Garg, learned Senior Counsel submits that the Trust has constituted the Managing Committee for management of the funds and if not constituted then the Trust is having no objection in constitution of the said Committee. If the Government has a limited objection in respect of the constitution of the Managing Committee as per Clause 9 and for that the petitioner have no objection hence no direction is needed for that .
[14] So far as the letter dated 17.08.2015 is concerned, it is a general letter issued by the Secretary to all Commissioner and the Collectors in respect of constitution of Managing Committee of Government Temple in which the name of the Collector is recorded as Manager. The Intervener has filed copy of Khasra Panch Sala in which land Survey No.317 is recorded as Government land. But no such document has been filed to show that the temple is a Government Temple and the name of the name of Collector is recorded as Manager of Radha krishna Mandir. But the fact remains that the Trust has already been constituted under the provisions of M. P. Public Trust Act, 1951. The letter dated 17.08.2015 has not been issued in respect of the -: 6 :- constitution of Managing Committee in the registered Public Trust. If there is any allegation in respect of functioning of the trust and any inquiry is needed in respect of the working of the Trust, the provisions are available in the M. P. Public Trust Act, 1951 under which the Registrar is competent to take action. The M. P. Public Trust Act, 1951 is complete code in it .
[15] In view of the above, the letter dated 17.03.2016 is hereby set-aside. The petition is allowed.
No order as to costs.
[ VIVEK RUSIA ] JUDGE (AKS) Digitally signed by Anl Kumar Sharma Date: 2018.05.15 18:06:17 +05'30'