Madhya Pradesh High Court
Kalyan Kumar vs The State Of Madhya Pradesh on 22 August, 2025
Author: Pranay Verma
Bench: Pranay Verma
NEUTRAL CITATION NO. 2025:MPHC-IND:23295
1 WP-17817-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRANAY VERMA
ON THE 22nd OF AUGUST, 2025
WRIT PETITION No. 17817 of 2019
KALYAN KUMAR AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anuj Bhargava - Advocate for the petitioner.
Dr. Amit Bhatia, Govt.Advocate for the respondents No. 1 and 2/
State.
None present for the remaining respondents though served.
ORDER
1. By this petition preferred under Article 226 of the Constitution of India, the petitioners have challenged the order dated 18.04.2019 (Annexure P-1) passed by the Sub Divisional Officer, Badnagar, District Ujjain cum Registrar Public Trust whereby on an application under Section 26 of MP Public Trust Act, 1951 preferred by the petitioners, directions as contained therein have been issued.
2. Learned counsel for the petitioners has raised a singular contention to the effect that while considering and deciding an application under Section 26 of the Act, the Registrar, Public Trust could not have issued any such directions as have been issued by him in the impugned order. Even on the findings as have been recorded by him, the only cause available to him was Signature Not Verified Signed by: VARSHA DUBEY Signing time: 8/26/2025 12:47:04 PM NEUTRAL CITATION NO. 2025:MPHC-IND:23295 2 WP-17817-2019 to have made an application to the Court for direction. He could have firstly given the working Trustee opportunity to make such an application and upon his failure to do so could have himself filed such an application. However, the directions as contend in the impugned order are wholly illegal and without jurisdiction.
3. Per contra, learned counsel for the State has supported the impugned order and has submitted that no illegality has been committed by the Sub Divisional Officer in passing the impugned order.
4. I have considered the submissions of learned counsel for the parties and have perused the record.
5. Section 26 of the Act, 1951 is as under:-
26. Application to Court for directions.
(1)If the Registrar on the application of any person interested in the public trust or otherwise is satisfied that,-
(a)the original object of the public trust has failed;
(b)the trust property is not being properly managed or administered; or
(c)the direction of the Court is necessary for the administration of the public trust; he may, after giving the working trustee an opportunity to be heard direct such trustee to apply to Court for directions within the time specified by the Registrar.
(2)If the trustee so directed fails to make an application as required, or if there is no trustee of the public trust or if for any other reason, the Registrar considers it expedient to do so, he shall himself make an application to the Court.
6. As per Section 26, if the Registrar Public Trust comes to a finding that any of the contingencies as contemplated in sub Clause (a) to (c) of sub Section (1) have been proved to his satisfaction then he may after giving the working Trustee an opportunity to be heard direct such Trustee to apply to the Court for direction and upon his failure to do so may himself make such an application. He however has no jurisdiction to himself pass any order as Signature Not Verified Signed by: VARSHA DUBEY Signing time: 8/26/2025 12:47:04 PM NEUTRAL CITATION NO. 2025:MPHC-IND:23295 3 WP-17817-2019 regards the management of the Trust or its properties.
7. By way of the Impugned order, the Registrar, Public Trust recorded his satisfaction that the contingencies as contemplated in Section 26(1) of the Act have been made out but instead of referring the matter to the Court, himself proceeded to issue directions as contained in the order. He could not have done the same in view of express language of Section 26 of the Act. The order passed by him hence, cannot be sustained.
8. Consequently, the impugned order dated 18.04.2019 (Annexure P-
1) passed by Registrar, Public Trust is hereby modified and the matter is remanded back to him to adhere to the provisions of Section 26 of the Act in the matter of making an application to the Court.
9. The petition is accordingly allowed and disposed of.
(PRANAY VERMA) JUDGE VD Signature Not Verified Signed by: VARSHA DUBEY Signing time: 8/26/2025 12:47:04 PM