1 2025:CGHC:2725 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 522 of 2022 1 - Arvind Dadhich S/o Late Hanuman Prasad, Aged About 42 Years R/o Sadar Bazar, Bhatapara, District- Balodabazar- Bhatapara, Chhattisgarh 2 - Omprakash Joshi S/o Shri Nandkishore Joshi Aged About 68 Years R/o Marwadhi Kua, Bhatapara, District- Balodabazar-Bhatapara, Chhattisgarh 3 - Kamal Joshi S/o Late Nandkishore Joshi Aged About 52 Years R/o Shankar Ward, Bhatapara, District- Balodabazar-Bhatapara, Chhattisgarh 4 - Devidas Bhojwani S/o Motilal Bhojwani Aged About 58 Years R/o Mata Dewalay Ward, Bhatapara, District-Balodabazar-Bhatapara, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Collector, Balodabazar-Bhatapara, District- Balodabazar-Bhatapara, Chhattisgarh 2 - Sub-Divisional Officer-Cum-Registrar (Public Trust), Balodabazar- Bhatapara, District- Balodabazar-Bhatapara, Chhattisgarh 3 - Vinod Kumar Agrawal S/o Banshilal Agrawal Aged About 55 Years At Present President, Shri Gopalji Panchayati Mandir, R/o Civil Lines, K K Ward, Bhatapara, District- Balodabazar-Bhatapara, Chhattisgarh 4 - Satya Narayan Joshi S/o Radhe Mohan Joshi Aged About 58 Years At Present Treasurer, Shri Gopalji Panchayati Mandir, R/o Sanjay Ward, Bhatapara, District- Balodabazar-Bhatapara Chhattisgarh ... Respondent(s) Cause title is taken from the Case Information System For Petitioners : Shri Shobhit Koshta, Advocate For Respondent/State : Shri Satish Gupta, Govt. Advocate For Respondent No.3&4 : Shri Abhishek Gupta, Advocate 2 Order on Board By Bibhu Datta Guru, J. 16/1/2025 1. By the present petition, the petitioners herein are questioning the proceedings drawn by the Sub Divisional Officer-cum-Registrar (Public Trust) on the application moved by the respondents No.3 & 4 under Section 4 of the Public Trust Act (for short ‘the Act’) for re-registration of the trust namely; Shri Gopal Panchayati Bhatapara. 2. Learned counsel appearing for the petitioners would submit that re- registration of trust is not permissible under the Act, as once the trust has been created and registered under the Act the Sub Divisional Officer- cum-Registrar (Public Trust) cannot proceed to re-register the same on the application of some private party. He would further submit that in this regard the petitioner has already raised an objection dated 13-12- 2021 (Annexure – P/8) before the Sub Divisional Officer-cum-Registrar (Public Trust) questioning the jurisdiction and the authority to re- registration of the same. He would also submit that albeit the objection has been raised by taking specific plea, but without considering the same and without passing any order, the Sub Divisional Officer-cum-Registrar (Public Trust) is proceeding with the application for re-registration in pursuance to order dated 22-11-2021. 3. Learned counsel appearing for the State, ex adverso, would submit that once the petitioner has filed an objection raising jurisdictional issue and applicability of the Act before the Sub Divisional Officer-cum-Registrar (Public Trust) he ought to have waited for decision on the same and he cannot approach this Court by filing a petition under Article 226 of the Constitution of India. He would further submit that if the objection will be considered and any order will be passed then the petitioner can challenge the same before the appropriate authority. 4. I have heard learned counsel appearing for the parties and perused the documents. 3 5. From perusal of the application/objection dated 13-12-2021 (Annexure- P/8) moved by the petitioner, it is manifest that the petitioner has raised an objection before the Sub Divisional Officer-cum-Registrar (Public Trust) questioning its jurisdiction by stating that once the trust has been created then the application for re-registration of trust moved by the respondents No.3 & 4 should not be entertained and the same is not tenable under the Act. 6. Since the objection has already been moved by the petitioner before the Sub Divisional Officer-cum-Registrar (Public Trust), in the interest of justice, it would be appropriate to direct the Sub Divisional Officer-cum- Registrar (Public Trust) to consider and decide the objection dated 13- 12-2021 raised by the petitioner by which he has raised an objection to the jurisdiction issue, which is being exercised by the Sub Divisional Officer-cum-Registrar (Public Trust) before proceeding with the application for re-registration. 7. In view of foregoing, the Sub Divisional Officer-cum-Registrar (Public Trust) is directed that after affording due opportunity of hearing to all the parties concerned; consider and decide the objection dated 13-12-2021 moved by the petitioner, strictly in accordance with law and on its own merits, and thereafter pass a detailed and speaking order at the earliest. 8. With the aforesaid observations and directions, the writ petition stands disposed of. Sd/ (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.16 18:10:39 +0530