Chattisgarh High Court
Dr.Deepak Sharma vs State Of Chhattisgarh And Ors. 21 ... on 25 September, 2018
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 281 of 2012
1. Dr. Deepak Sharma S/o Late Shri R.G. Sharma (Pujari), Aged
About 56 Years R/o Deepak House, Jalgrah Marg, Tikrapara,
Raipur Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Collector, Raipur Chhattisgarh.
2. The Registrar Public Trust Raipur CG
3. Girdhar Bhawan Dharmshala Trust Raipur Chhattisgarh A Public
Trust Registered Under Chhattisgarh. Public Trust Act By Shri
Sharad Kumar Purohit, S/o Late Lalit Lal Purohit, Budhapara,
Raipur Chhattisgarh.
4. Manohar Lal Purohit S/o Late Lalit Lal Purohit, 62 years,
Budhapara, Raipur CG
5. Ravi Purohit, S/o Late Lalit Lal Purohit, R/o Budhapara, Raipur
Chhattisgarh.
6. Sharad Kumar Purohit S/o Late Lalit Lal Purohit, Aged About 48
Years R/o Budhapara, Raipur Chhattisgarh.
7. Radheshyam Bissa R/o Budhapara, Raipur Chhattisgarh.
8. M/s Harpreetam Enterprises A Partnership Firm, Through
Proprietor, Harjeet Singh Bhatia, S/o Gurudayal Singh, Aged
About 51 Years, R/o Near Netaji Hotel, Raipur Chhattisgarh.
9. Smt. Anita Sindhwani W/o Shri Ajay Sindhwani, R/o 83, Sadar
Bazar Ward, Raipur Chhattisgarh.
10. Town & Country Planning Department, Through The Joint Director,
Raipur.
11. The Municipal Corporation, Raipur, Through The Commissioner,
Raipur.
---- Respondent
For Petitioner Shri Harshal Chouhan, Advocate
For Respondent/State Shri Rajendra Tripathi, Panel Lawyer
For Respondents 3 to 6 Shri Chakresh Tiwari, Advocate
For Respondents 8 & 9 Shri Abhishek Sinha, Advocate
For Respondent No.11 Shri Pankaj Agrawal, Advocate
2
Order On Board
By
Prashant Kumar Mishra, J.
25/09/2018
1. Petitioner would assail the order passed by the Collector-cum-
Registrar, Public Trust, Raipur, on 27-6-2005 allowing the application of Girdhar Bhawan, Dharamshala Trust, Raipur, for execution of lease deed in favour of the respondents No.8 & 9 on condition that the lease deed shall be registered, the construction shall be made on the trust property from the premium and yearly rent obtained from the lease deed; the accounts of the premium/rent, etc. shall be audited by the registered Chartered Accountant with due information to the Registrar.
2. This writ petition has been filed in the month of February, 2012 by a person who is neither the trustee nor in any other manner concerned with the affairs of the Trust albeit the petitioner is claiming himself to be the grandson of one of the previous trustee of the trust.
3. It is informed that the construction by way of renovation has already been completed in the year 2010 and lessees are regularly paying the lease rent to the trust.
4. It appears, the writ petition suffers from delay and laches.
Petitioner should have approached the Court with promptitude within reasonable time before execution and registration of lease deed or at least before construction by way of renovation of shops. No interference is permissible at this stage and that too at the 3 behest of a person who is not concerned with the affairs of the trust. It is also to be seen that the petitioner has not objected to the permission granted by the Collector even though proclamation was issued inviting objections in the year 2004.
5. As a sequel, the writ petition is liable to be and is hereby dismissed. No order as to cost(s). Sd/-
Judge Prashant Kumar Mishra Gowri