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4. While placing reliance on the judgment passed by the Division Bench of this Court in the matter of Dalludas Vs. Registrar of Public Trusts, Hoshangabad, reported in 1970 JLJ SN 135, it was submitted that there is no power in the Act under which the Registrar can remove an existing trustee and appoint another by his own order.

5. It was further submitted that order could have been passed under Section 9 only upon an application being made by the working trustees which has not been done and the Registrar was required to make an enquiry which also has not been done and also was required to record a finding that he was satisfied that change has occurred or is necessary for any of the entry recorded in the Register, as quasi-judicial authority must record reasons in support of the order it makes which has not been done in the present matter.

8. Heard.

9. Sub-sections (3), (4), (5), (6), (7) and (9) of Section 2 of the Act of 1951 defines terms "Prescribed", "Public Trust", "Register", "Registrar", "Trustee and Working Trustee Rules are made under the Act to prescribe "Matters to be dealt with under the Act, among others, can be subject matter of an express or constructive trust for public, religious or charitable purpose", to be so registered under to the Act. As per Section 3(2), a "Register" is required to be maintained by the "Registrar of Public Trusts. A "trustee" is a person in whom "either alone or in association with other person, the trust property is vested and includes a manager". The "Working Trustee means any person "who for the time being either alone or in association with some other person or persons administers the trust property As per sub-section 4(1). "the working trustee of every public trust shall apply to the Registrar having Jurisdiction for the registration of the public trust and the information to be given in relation to such a public trust are mentioned in sub-section (3). Either on receipt of an application under Section 4 or on his own motion, the Registrar is required to make an enquiry "in the prescribed manner for the purpose of ascertaining facts enumerated in sub-clauses (1) to (viii) as per Section 5(1) and sub- section (2) requires that the Registrar "shall give in the prescribed manner public notice of the inquiry proposed to be made under sub- section (1) and invite all persons interested in the public trust under inquiry to prefer objections". (Emphasis added). On completion of the inquiry under section 5, the Registrar is required under Section 6 to "record his findings with reasons therefor as to the matters mentioned in the said section".

10. This Court proposes to quote now relevant portions from the next three sections:-

"7. Registrar to make entries in the Register. (1) The Registrar shall cause entries to be made in the Register in accordance with the findings recorded by him under section 6 and shall publish on the notice board of his office the entries made in the register. (2) The entries so made shall, subject to the provisions of this Act and subject to any change recorded under any provision of this Act or a rule made thereunder, be final and conclusive. "8. Civil suit against the finding of the Registrar. (1) Any working trustee or person having interest in a public trust or any property found to be trust property, aggrieved by any finding of the Registrar under Section 6 may, within six months from the date of the publication of the notice under sub-section (1) of Section 7, institute a suit in a Civil Court to have such finding set aside or modified.
(2) In every such suit, the Civil Court shall give notice to the State Government through the Registrar, and the State Government, if it so desires, shall be made a party to the suit.
(3) On the final decision of the suit, the Registrar shall, if necessary, correct the entries made in the register in accordance with such decision.
9. Change.
(1)Where any change occurs in any of the entries recorded in the register, the working trustee shall, within ninety days from the date of the occurrence of such change or where any change is desired in such entries in the interest of the administration of the such public trust, report in the prescribed manner such change or proposed change to the Registrar. (2) If, on receipt of such report and after making such enquiry' as the Registrar may consider necessary, the Registrar is satisfied that a change has occurred or is necessary in any of the entries recorded in the register in regard to a particular public trust, he shall record a finding with the reason therefor and subject to the provisions contained in sub-section (3) amend the entries in the said register in accordance with such finding (3) The provisions of Section 8 shall apply to any finding under this section as they apply to a finding under Section 6."