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Where the working trustee docs not apply for legistration, and no person interested in the public trust moves the Registrar, and the Registrar has, after such inquiry as he thought necessary, convinced himself that no public trust exists, I do not see how the State Government can be described as an aggrieved party. If such a right was intended to be reserved to the State Government it would have been easy to confer that power upon the State Government.

Indeed, the general superintendence of trusts which emerged from Section 92 of the Code of Civil procedure is itself nullified by the provisions of the Act. In these circumstances, I do not think that the extraordinary powers of this Court can be invoked by the State Government to impugn an order made by the Registrar, who is given full powers and discretion to determine whether a public trust exists or not, subject only to a suit to be filed either by the working trustee or by a person interested in public trust.

22. The State Government has asked for writs of certiorari and mandamus. For the issue of these writs, the basic condition is the existence of a right in the petitioner, which has been the subject of adjudication by an inferior tribunal. See Nakkuda Aii v. M. F. De S. Jayaratna, 1951 AC 66 (I), and State of M. P. v. G. C. Mandawar, AIR. 1954 SC 493 (J).

23. Sections 4 and 5 of the M. P. Public Trusts Act, 1951 (hereinafter called the Act), contemplate only a working trustee of a public trust or a person having interest in public trust, or where they do not act, the Registrar, who have the right of action. It is true that Sub-section (2) of Section 8 requires the Civil Court, to give notice to the State Government in a suit which may be instituted by a working trustee or person having interest in a public trust against the findings of the Registrar, and provides that the State Government, if it so desires, shall be made a party to the suit.

25. The expressions used in the Act, which are pertinent for consideration, are (i) public trust, (ii) trustee and (iii) working trustee, which are defined in Section 2 as below:

'In this act, unless there is anything repugnant in the subject or context --
* * * * * * * * * * * * (4) "public trust" means an express or constructive trust for a public, religious or charitable purpose and includes a temple, a "math", a mosque, a church, a wakf or any other religious or charitable endowment and a society formed for a religious or charitable purpose:

27. The Registrar has, in these cases, acted under Section 5, read with Section 4 of the Act. Under Section 5, an enquiry has to be directed for the purpose of ascertaining inter alia whether there is a trust which is a public trust and any property is the property of such trust, and also the names and addresses of the trustees.

A trustee, according to the definition, means a person in whom the trust property is vested. Similarly the expression 'working trustee' used in Section 4 means a person who administers the trust property. The expression 'trust property' has not been defined in the Act, and, therefore, the meaning that is assigned to it in the Indian Trusts Act must be applicable.