Madhya Pradesh High Court
Kudantal Hanuman Mandir Trust A Trust ... vs The State Of Madhya Pradesh on 5 September, 2017
WP-13769-2017
(KUDANTAL HANUMAN MANDIR TRUST A TRUST REGISTRED UNDER PROVISION OF THR MP
PUBLIC TRUST ACT Vs THE STATE OF MADHYA PRADESH)
05-09-2017
Shri Rahul Diwakar, learned counsel for the petitioner.
Shri GP Singh, learned Govt. Advocate for the respondents-
State on advance copy.
Heard on admission.
In the present case the petitioner, a public Trust registered on 28.7.2003 under the provisions of M.P. Public Trusts Act, 1951, has filed this petition against the order dated 28.8.2017 passed by the respondent No.2/Collector, Chhattarpur, whereby the Collector, on an application preferred by the State for cancellation of registration of the Trust has got an enquiry report prepared by the SDO Chhattarpur wherein it is stated in para 6 that the trust is situated on the Government land although it is not filed on record.
The contention of the petitioner is that before passing the impugned order of cancellation of Trust, the petitioner has not been given any opportunity of hearing nor any opportunity was given to the petitioner during the course of enquiry, which was conducted by the SDO. It is further contended by the petitioner that the Collector has no power to cancel the registration of a Trust or reviewing order dated 28.7.2003 of registration of the Trust passed by his predecessor.
On the other hand, learned counsel for the respondents has submitted that the Collector has not committed any illegality in passing the impugned order, as an opportunity of hearing must have been given to the petitioner while conducting enquiry and since the trust is situated on the Government land, the registration has rightly been cancelled by the Collector.
Having heard the learned counsel for the parties and perused the record, it is apparent that the petitioner has stated on oath that no opportunity of hearing was given to them either during the course of enquiry by the SDO or by the Collector while passing the impugned order dated 28.8.2017. The aforesaid contention raised by the petitioner is also substantiated by the impugned order itself, which reveals that no opportunity of hearing was given to the petitioner and if the same was given, no reference of the same finds place in the impugned order. In the facts and circumstances of the case, this Court is of the considered opinion that the impugned order passed by the Collector without giving any opportunity of hearing to the petitioner is in clear violation of the principles of natural justice as enshrined under Article 14 of the Constitution of India, and as such the impugned order is liable to be quashed.
In the result, the present petition filed by the petitioner is allowed and the impugned order dated 28.8.2017 (Annexure P-9) passed by the respondent No.2/Collector is hereby quashed with a direction to the Collector to issue a proper show cause notice to the petitioner and after giving due opportunity of hearing to the petitioner, an appropriate order may be passed. The petitioner may also raise the question of jurisdiction i.e. regarding competence of the Collector to entertain an application for cancellation of trust. The aforesaid exercise be completed within a period of eight weeks from the date of receipt of certified copy of this order. Certified copy as per rules.
(SUBODH ABHYANKAR) JUDGE Ansari