Madhya Pradesh High Court
Mahakoshal Shahid Smarak vs The State Of M.P. And Ors. on 12 March, 2015
WRIT PETITION No.28882/2003 1
12.03.2015
Shri R.P. Agrawal, learned senior Counsel assisted by
Shri Vaibhav Jain, learned Counsel for the petitioner.
Shri Deepak Awasthy, learned Govt. Advocate for the
respondents-State.
The matter is listed today for final disposal of the writ petition as while entertaining the writ petition vide order dated 18.12.2003, this Court has granted interim protection to the petitioner directing maintaining status quo as available on the date of order, in reference to the impugned communications. It is not in dispute that in the year 2003 a Committee was constituted by the State Government because of the filing of a PIL before this Court. However, the Committee was not required to interfere in the working of the trustees of the public Trust as such provisions are not made under the M.P. Public Trust Act, 1951. If any act of the trustees was not appropriate in terms of the provisions of the Act, at the best information could be given to the Registrar of Public Trust, who was required to conduct the enquiry in that matter. The Committee was not to interfere in the working of the trustees. Precisely this was the reason and for that a statement was made in the return by the respondents themselves that the Committee was not constituted to interfere in democratic functioning of the Trust. It was categorically contended that the Committee will not interfere in the democratic functioning of the Trust.
By way of rejoinder a document has been placed on record by the petitioner indicating that only because such a Committee was constituted, one of the Administrative WRIT PETITION No.28882/2003 2 Officer posted at Jabalpur had issued the instructions to the authorities that all actions were to be taken in terms of his directions and not without the consent of the said officer. However, it is contended by learned Govt. Advocate that the said letter was never acted upon in view of the fact that status quo was directed to be maintained by this Court in the present writ petition. It is further contended that validity of the said memo dated 16.02.2003 has also extinguished in view of the fact that the officer, who has issued said letter, is no longer working at Jabalpur and no such direction is reiterated by the authorities of the respondents.
In view of this, the writ petition is disposed of with a direction that even if any such Committee is constituted by the State Government, the said Committee will not directly interfere in the working of the Public Trust or its governing body in any manner. If any complaint is received by the said Committee, it would be referred to the Registrar, Public Trust, for conducting an enquiry on the said complaint and to issue necessary direction to the Trustees of the petitioner Public Trust.
With the aforesaid, the writ petition stands disposed of finally.
Certified copy as per rules.
(K.K. Trivedi) Judge Skc