Madhya Pradesh High Court
Shri Shri 1008 Kunwar Raj Rajeshwari ... vs State Of Mp on 27 August, 2020
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH 1
WP 12194/2020
Shri Shri 1008 Kunwar Raj Rajeshwai Hindayla Darbar by Pn.
Hariom Parakash Maharaj (Baba) vs. State of MP
Gwalior, Dated : 27/08/2020
Shri Amit Sharma, counsel for the petitioner.
Shri Abhishek Singh Bhadoriya, Panel Lawyer for the respondents/
State.
This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
^^7-1 jsLiksMs.V~l dks vknsf'kr@funsZf'kr fd;k tkos fd] og esyk LFky ij yksxksa dks igqp a us ls jksdus gsrq ,oa esyk LFky ij O;oLFkk cuk;sa tkus gsrq iqfyl lqj{kk miyC/k djk;saA 7-2 ;gfd] vU; dksbZ lgk;rk vuqrks"k ekuuh; mPPk U;k;ky; U;k;fgr esa mfpr le>s og ;kfpdkdrkZ dks jsLiksMsUVl ls fnykbZ tkosA^^ It is submitted by the counsel for the petitioner that this petition has been filed by Public Trust through its Sansthapak. It is further submitted that except Sansthapak, there is no trustee of the Public Trust. Thereafter, it was submitted that due to Covid-19 pandemic, the other trustees are not available.
Be that whatever it may.
It is well-established principle of law that a Public trust is not a juristic person and has no legal personality and thus, it can be said that the trust may not engage in juristic acts, sue and be sued. A suit for the enforcement of rights on behalf of a public trust, has to be brought by all the trustees acting together; or by one trustee with the sanction and approval of his co-trustees, subject to strict proof of such sanction or THE HIGH COURT OF MADHYA PRADESH 2 WP 12194/2020 Shri Shri 1008 Kunwar Raj Rajeshwai Hindayla Darbar by Pn.
Hariom Parakash Maharaj (Baba) vs. State of MP approval.
This petition has been filed by the Public Trust. This Court in the case of Rajaram Baijnath & Others vs. Nandkishore Sheobux Rai & Others, reported in 1975 MPLJ 419 has held as under:-
''16. A trust even though registered as a public trust under the Madhya Pradesh Public Trusts Act, 1951, has no corporate personality. The trust may not engage in juristic acts, sue and be sued. The grant of legal personality is clearly within the gift of the State. In Laxman Prasad vs. Shrideo Janki Raman 1973 MPLJ 842, I had observed:-
''The Trust admittedly is a Public Trust, and the suit could have been instituted in its name if there was a provision in the MP Public Trusts Act enabling a Public Trust to sue in its name. Perhaps, the plaintiff felt that in the absence of such a provision the suit had to be brought in his own name. In making that assumption, the plaintiff committed an honest mistake. The suit had to be brought under Order 1, rule 8 in the name of the co-trustees as in the case of a private trust. There is obviously a lacuna in the MP Public Trusts Act in that unlike other enactments, it nowhere provides that upon registration of a Public Trust under the provisions of the Act, the Trust will have a legal personality, capable of instituting and defending suits and other legal proceedings in its name.....
Accordingly, this Court is of the considered opinion that this petition filed by the Public Trust is not maintainable.
However, it is the case of the petitioner that by order dated 04/08/2020 (Annexure P3), SDM, Dabra, District Gwalior had refused to grant permission to the petitioner to organize the fair (Mela) in the THE HIGH COURT OF MADHYA PRADESH 3 WP 12194/2020 Shri Shri 1008 Kunwar Raj Rajeshwai Hindayla Darbar by Pn.
Hariom Parakash Maharaj (Baba) vs. State of MP Temple Premises. It appears that in spite of refusal of permission, a fair has been organized.
Be that whatever it may.
It is for the SDM, Dabra, to ensure implementation of the order dated 04/08/2020 (Annexure P3) if it is still in existence. The S.D.M.,Dabra is also directed that in case if it is found that any person is responsible for the violation of the restrictions imposed by the Central Govt./State Govt./Collector Gwalior/ or by S.D.M. Himself in the wake of Covid 19 Pandemic, and a fare has been organized, then he shall be well within his power to take coercive steps against such person.
With aforesaid observations, this petition is dismissed.
Let a copy of this order be sent to the Collector, Gwalior and S.D.M., Dabra, Distt. Gwalior for necessary information and compliance.
(G.S. Ahluwalia) Judge MKB Digitally signed by MAHENDRA KUMAR BARIK MAHENDRA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, KUMAR BARIK 2.5.4.20=f592da990684fe30f8e1e29a4a1a9e345 1ee450d883083a8e4cc8020eee6f7cb, cn=MAHENDRA KUMAR BARIK Date: 2020.08.28 10:39:42 +05'30'