Madhya Pradesh High Court
Pawan Kumar vs The Registrar Public Trust on 19 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:14521
1 FA-656-2009
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KHOT
ON THE 19th OF FEBRUARY, 2026
FIRST APPEAL No. 656 of 2009
PAWAN KUMAR AND OTHERS
Versus
THE REGISTRAR PUBLIC TRUST AND OTHERS
Appearance:
Shri Uttam Maheshwari - Advocate with Shri Shri Priyank Choubey -
Advocate for the appellants.
Shri R.K. Kesharwani G.A. for the respondent/State.
None for respondents though served.
ORDER
The present appeal has been filed under section 27(3) of the M.P. Public Trust Act assailing the impugned order dated 23.7.2009 passed by Addl. District Judge, Rehli, District Sagar, in M.J.C.No.2/2008, whereby the application filed by the trustee under section 27 of the M.P. Public Trust Act, 1951 (hereinafter referred to as 'the 1951 Act') has been decided and new trustees have been directed to be appointed.
2. It is the case of the appellant that Lord Radhakrishna and Hanuman Temple situated in Ward No.13 of urban area of Rehli is a registered Public Trust with the Registrar, Public Trust, Rehli and Mahant Ramcharandas is the executive Trustee of the said trust.
3. An application has been filed by the appellants under section 26 of Signature Not Verified Signed by: HEMANT SARAF Signing time: 3/9/2026 11:05:12 AM NEUTRAL CITATION NO. 2026:MPHC-JBP:14521 2 FA-656-2009 the 1951 Act before the Registrar, Public Trust, Rehli alleging mismanagement and financial irregularities and prayed for reference of the matter to District court for appointment of new trustees. The Registrar, Public Trust, referred the matter to the District Judge, Sagar, for appropriate directions and decision with regard to the management of the Trust on 10.9.2007. The Addl. District Judge, Rehli, District Sagar, registered the application as MJC No.3/2008. Whereas on on 29.9.2007, the Muhattamkar and Executive Trustee of the Trust Shri Ramcharandas Bairagi moved an application under section 27 of the 1951 Act to the Registrar, Public Trust, in respect of illegal interference of the appellants in the management of the Trust and prayed for restraining them to interfere in the management of the Trust. The said application was registered as M.J.C.No.2/2009. The learned District Judge after conducing summary inquiry into the case and decided the applications of the appellant as well as the Executive Trustee vide impugned order dated 23.7.2009 with a direction to appoint three new Trustees for the better administration for the Trust. Being aggrieved therewith, the appellants have filed the present appeal.
4. It has been contended by learned counsel for the appellant that the direction contained in para 18(1) of the impugned order dated 23.7.2009 is against the settled proposition of law that after due enquiry under section 27 of the 1951 Act, the court is empowered and having jurisdiction to appoint new Board of Trustees under section 27 of the 1951 Act. Reliance has been placed on the order dated 21.8.2012 passed by this Court in the case of Shri Dev Mahadevji Mandir Vs. Rajesh Kumar and another in Signature Not Verified Signed by: HEMANT SARAF Signing time: 3/9/2026 11:05:12 AM NEUTRAL CITATION NO. 2026:MPHC-JBP:14521 3 FA-656-2009 M.A.No.2170/2009.
5. Heard learned counsel for the appellant and perused the record.
6. This court in the case of Shri Dev Mahadevji Mandir (supra) has held as under :-
"
11. Learned counsel for appellant has rightly placed reliance on the aforesaid two decisions of this Court Shri Deo Janki Raman Mandir Trust, Gora Khurd and Trust, Gora Khurd, District Sagar (supra) wherein it has been categorically held that while passing an order upon the application under Section 26 of the Act of 1951, the appointment of a trustee is to be made by the Court and this power should not be confined to the Registrar.
12. The Division Bench of this Court in Dalludas v. Registrar of Public Trusts, Hoshangabad 1971 JLJ SN 135 has categorically held that the Registrar has no power to remove the existing trustee and appoint another by his own order and this power vests in the Civil Court only. At the most the Registrar can refer the matter to the Civil Court. There is another decision of Division Bench in Sheoprasad Dubey v. Registrar, Public Trusts, Sagar & others 1972 JLJ SN 6 wherein it has been categorically held that Registrar has no jurisdiction to appoint any committee to take charge of trust property. The powers given to the Registrar are enumerated by Clauses (a), (b) and (c) of Section 26 of the Act 1951. The intention of legislature is that whenever the Registrar considers it necessary that some arrangement should be made to manage the trust property, he should apply to the District Judge who has power to make suitable arrangement for the management of the trust property. Thus, according to me, the impugned order passed by learned Court below directing Registrar to appoint new trustees is without jurisdiction and indeed this power should have been exercised by the Court.
13. The term "Court" has also been defined in Section 2(1) of the Act of 1951, according to which it means the principal Civil Court of Original jurisdiction in the district. Thus, the appointment of new trustees should have been made only by the Court and not the Registrar.
7. Thus, from the foregoing discussion of the fact and on the basis of above enunciation of law, it is settled that the Principal Civil Court is having jurisdiction to pass an order under section 27 of the 1951 Act for appointing new Board of Trustees. The order directing the Registrar to appoint the Signature Not Verified Signed by: HEMANT SARAF Signing time: 3/9/2026 11:05:12 AM NEUTRAL CITATION NO. 2026:MPHC-JBP:14521 4 FA-656-2009 Trustees is not in accordance with the spirit of section 27 and 26 of the 1951 Act. Thus, to the extent of direction passed in para 18(1) of the impugned order, is hereby set aside. The matter is remanded back to the Principal Civil Court, which is the Addl. District Judge, Rehli, District Sagar, to pass fresh order appointing Board of Trustees of the Trust in question instead, directing the Registrar to appoint Trustees.
8. Record of the court below be sent back to the court concerned forthwith.
9. The parties are directed to appear before the court below on 23.3.2026 and on such other dates as may be fixed by that court.
10. With the aforesaid direction, this appeal stands finally disposed of.
(DEEPAK KHOT) JUDGE HS Signature Not Verified Signed by: HEMANT SARAF Signing time: 3/9/2026 11:05:12 AM