Madhya Pradesh High Court
Shakti Trust (Shri Shakti Trust) ... vs The State Of Madhya Pradesh on 4 May, 2026
1 MP-3846-2021
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 4 th OF MAY, 2026
MISC. PETITION No. 3846 of 2021
SHAKTI TRUST (SHRI SHAKTI TRUST) PARASIA ROAD
CHHINDWARA MP
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Mahendra Pateriya and Shri Laxmikant Dwivedi - Advocate for
petitioner.
Shri K.K. Gautam - Panel Lawyer for respondents/State.
Shri Sankalp Kochar - Advocate for intervenor.
ORDER
The present petition has been filed challenging the memorandum Annexure P/15 dated 18.04.2019, whereby the Joint Collector on behalf of Collector, District Chhindwara has directed the Sub Divisional Officer (Revenue), Chhindwara and Officer In-charge Nazul, office of Collector, Chhindwara to carry out inquiry in view of the minutes of meeting dated 06.03.2019 drawn by the National Commission for Scheduled Tribes.
2. The counsel for the petitioner has vehemently argued before this Court that the National Commission for Scheduled Tribes had drawn some proceedings in the matter of management of Sakti trust which is stated to be constituted by the erstwhile ruler of Sakti State, presently part of State of Chhattisgarh and the trust constituted by the ex-ruler of Sakti State is situated Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59 2 MP-3846-2021 at Chhindwara, District Chhindwara (M.P.) for carrying out various activities as per the terms and conditions of settlement of trust.
3. It is contended that the erstwhile ruler and his family members who were earlier members of the trust had expired and thereafter the trust was succeeded by other members and the trust was carrying out the functions as are contemplated by objectives of the trust and there is no change of objectives of the trust, nor there was any mismanagement in the trust.
4. It is it is argued that despite this a complaint was made to the National Commission for Scheduled Tribes by successor of erstwhile ruler of Sakti State, namely Raja Surendra Bahadur Singh in the matter of mismanagement of the trust and in the manner in which the persons belonging to Scheduled Tribes have been removed from the trust. It was mentioned in the said complaint/representation made to the Commission that even the erstwhile ruler of Sakti State was a member of Scheduled Tribe and it was a trust of Scheduled Tribes persons. Now there is no effective representation of ST category in the said trust, which was one of the grounds on which the indulgence of National Commission for Scheduled Tribes was sought.
5. Learned counsel for the petitioner has contended that though the proceedings dated 06.03.2019 may seem to be recommendatory in nature but they are actually mandatory in nature and amount to a mandatory order passed by the Commission. It is argued that the Commission cannot pass a mandatory order and it is only having a recommendatory or advisory role to the Government.
6. Apart from that, it is vehemently argued before this Court that a notice Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59 3 MP-3846-2021 was issued to the trustees of the Trust namely Mahant Narendra Brahmchari, Kaushik Keshavlal Patel, V.S. Lovalekar and Omprakash Kraplani dated 05.03.2019 mentioning that the sitting of the Commission scheduled on 06.03.2019 has now been rescheduled for 08.03.2019. However, the Commission took up the matter on 06.03.2019 itself and made certain recommendations and the present petitioner Trust did not get any effective opportunity of hearing before the Commission. It is argued that there is a blatant failure of principles of national justice in postponing the date of hearing from 06.03.2019 to 08.03.2019 but taking up the matter on 06.03.2019 itself and the impugned recommendation of the Commission deserves to be set aside on this ground alone and all the consequential proceedings also deserve to be set aside.
7. Per contra, learned counsel for the respondent/intervenor as well as the counsel for the State have argued that there is suppression of fact in the present petition and the petition has been filed on 27.10.2021. However, much prior to that, the inquiry as was ordered by the Commission, was already complete and the petitioner had full knowledge of completion of inquiry and he had also submitted an application for getting relevant documents of the inquiry already conducted by the State authorities in compliance of directions of Commission and this petition has been filed suppressing all these facts and, therefore, on the ground of suppression of facts, no equity needs to be extended to the petitioner and the petition needs to be dismissed on this ground alone.
8. It is further contended that the proceedings of the National Commission Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59 4 MP-3846-2021 for Scheduled Tribes are only recommendatory in nature and the Commission has not passed any order which is mandatory in nature and has only issued recommendations to the State Government which are not mandatory and the State has already inquired into the matter and now before taking any consequential action, the petitioner shall be given opportunity of hearing and he can seek hearing in the consequential actions. Therefore, no indulgence needs to be caused in the present petition.
9. Heard.
10. In the present case, there was a complaint made to the National Commission for Scheduled Tribes that Sakti State was a State ruled by ruler of Scheduled Tribe community and a trust had been established in Chhindwara (Madhya Pradesh) by Rani Indumati and Rajkumari Gyanda Devi who expired on 09.07.1990 and 24.03.1998 respectively. After death of these two persons, Sant Asharam Bapu in collusion with certain other persons substituted the trustees in place of Rani Indumati and Rajkumari Gyanada Devi and in place of these two persons, Sant Asharam Bapu and Kaushik Patel were inserted as trustees. Now, after replacement of trustees, the control went in the hands of Sant Asharam Bapu and commercial activities on the land have started by running a School on commercial basis and trust lands are also being sold. The trust is having a huge land of 9.63 lakh square feet. The National Commission for Scheduled Tribes found that in the year 1997, the name of Rani Indumati was deleted from the list of trustees and in the year 1998 two new members were inducted in place of Rani Indumati and Rajkumari Gyanda Devi namely Asharam and Kaushik Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59 5 MP-3846-2021 Patel. In the year 2003, Kaushik Patel became the managing trustee and he got 75000 square feet diverted for educational purposes which was carried out and lease was renewed. The Commission found that in this manner the trust constituted by tribal people has been grabbed by non-tribals and the purpose for which the trust is being run is commercial purpose which does not have any relativity to welfare of tribal people. Therefore, it directed the State Government to carry out detailed inquiry in the matter.
11. The present petition has been filed expressing total ignorance about the subsequent proceedings but from a reply of the State Government, it is clear that inquiry was instituted in compliance of the recommendations of the National Commission for Scheduled Tribes and the inquiry report is on record which is dated 06.08.2021 on the basis of which, notice has been issued to the petitioner trust on 16.09.2021. In response to the notice, the trust has written a letter dated 30.09.2021 demanding relevant records of the inquiry. Despite writing this letter dated 30.09.2021 demanding records of the inquiry, this petition has been filed on 27.10.2021 expressing total ignorance about the inquiry having been conducted and completed and simply challenging the recommendations of the National Commission for Scheduled Tribes.
12. The present petition has been filed challenging the memorandum dated 18.04.2019 and in paragraph 4 of the petition whereby the petitioner is bound to disclose the reasons for delay in filing the petition, it has been declared that there is no delay in filing the present petition. This declaration has been made only so as to avoid disclosing that the inquiry as directed by the Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59 6 MP-3846-2021 Commission is now over.
13. In view of the letter written by the Trust to the Sub Divisional Officer demanding the records of inquiry which is dated 30.03.2021 and this petition having been filed almost one month after the said letter written by the Trust, it is clear that there is suppression of fact made while filing this petition and by making the suppression of fact the petitioner has succeeded in getting interim order from this Court. It is further seen that the National Commission has not passed any mandatory direction but it has only recommended action to be taken by the State authorities in the matter by taking note of the findings of the Commission in the matter. The proceedings of the Commission are not found to be violative of the mandate of Commission as per Article 338A of the Constitution of India. Article 338-A is as under:-
"338A National Commission for Scheduled Tribes (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes. (2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of a Chairperson, Vice-Chairperson and three other Members and the conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. (3) The Chairperson, Vice-Chairperson and other Members of the Commission shall be appointed by the President by warrant under his hand and seal.
(4) The Commission shall have the power to regulate its own procedure. (5) It shall be the duty of the Commission--
(a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under this Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards;
(b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes;
(c) to participate and advise on the planning process of socioeconomic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State;Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59
7 MP-3846-2021
(d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
(e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and
(f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule specify.
(6) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendations. (7) Where any such report, or any part thereof, relates to any matter with which any State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendations.
(8) The Commission shall, while investigating any matter referred to in sub-clause
(a) or inquiring into any complaint referred to in sub-clause
(b) of clause (5), have all the powers of a civil court trying a suit and in particular in respect of the following matters, namely:--
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents;
(f) any other matter which the President may, by rule, determine.
(9) The Union and every State Government shall consult the Commission on all major policy matters affecting Scheduled Tribes."
14. Moreover, now the inquiry is complete and the present petition that has been filed after conclusion of the inquiry, is not a bona fide piece of litigation. Therefore, this petition is dismissed with liberty to the petitioner to Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59 8 MP-3846-2021 appear before the competent authority of the State Government and make its submissions prior to the said authority proceeding to take any consequential action on the basis of findings of the inquiry conducted by the said authority.
15. With the aforesaid liberty to the petitioner, the present petition stands dismissed.
(VIVEK JAIN) JUDGE psm Signature Not Verified Signed by: PREM SHANKAR MISHRA Signing time: 06-05-2026 15:10:59