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2025 DAILYLAW 786 (CHH)

Manoj Agrawal S/o Late Laxminarayan Agrawal v. State Of Chhattisgarh Through- Collector

2025-07-30

Arvind Kumar Verma

body2025
ORDER : Arvind Kumar Verma, J. Heard. 1. The petitioners have been filed this writ petition on the following relief(s) : “10.1 That this Hon'ble Court may kindly be pleased to issue an appropriate writ, order or direction, quashing the impugned order dated 03/07/2025 (Annexure P/1), passed by the Respondent No. 2 as being without jurisdiction, illegal, arbitrary, in violation of principles of natural justice, and contrary to the provisions of the Chhattisgarh Public Trusts Act, 1951. 10.2 That any other relief which this Hon'ble Court deems fit and proper may also be granted in favor of the petitioner safeguarding their interest.” 2. Learned counsel for the petitioners contended that the Petitioners, being office bearers and lawful members of the Shri Maa Bamleshwari Mandir Trust Samiti, Dongargarh - a public trust registered under the Chhattisgarh Public Trusts Act (registration No.2/1976) have approached this Court seeking intervention against an arbitrary, unauthorized, and hasty interference by Respondent No. 2 (Sub- Divisional Officer) in the internal affairs of the Trust. The Petitioners, in a properly convened general meeting held on 29.05.2025, passed a resolution removing Respondents No. 3 and 4 from the Trust's membership. The meeting complied with all constitutional and procedural mandates. However, without jurisdiction, Respondent No. 2 entertained and allowed an application filed by Respondents No. 3 and 4 under Sections 26 and 27 of the Act, and set aside the said resolution just before the finalization of the electoral roll. The impugned order not only violates the autonomy of the Trust, but also reflects bias, procedural impropriety, and abuse of process, especially when jurisdictional challenges were raised and a transfer petition was pending. The present writ petition has thus been filed challenging the order dated 03/07/2025 for redressal of these grievances and restoration of lawful trust functioning. 3. Learned State counsel fairly admitted that under Section 26 of the Chhattisgarh Public Trusts Act, 1951 , Sub-Registrar has power only to direct after giving the working trustee and opportunity to be heard direct such trustee to apply to Court for directions within the time specified by the Registrar. Further, he contended that under Section 27 of the Chhattisgarh Public Trusts Act, 1951 the power vested on Civil Court. 4. Heard learned counsel for the parties and perused the documents available on record. 5. Further, he contended that under Section 27 of the Chhattisgarh Public Trusts Act, 1951 the power vested on Civil Court. 4. Heard learned counsel for the parties and perused the documents available on record. 5. Considering the facts and circumstances of the case and submission made by learned counsel for the parties and further considering the provisions of Sections 26 & 27 of the Chhattisgarh Public Trusts Act, 1951 which is provides as under :- “ 26. Application to Court for directions.- (1) If the Registrar on the application of any person interested in the public trust or otherwise is satisfied that- (a) the original object of the public trust has failed; (b) the trust property is not being properly managed or administered; or (c) the direction of the Court is necessary for the administ the public trust; he may, after giving the working trustee an opportunity to be heard direct such trustee to apply to Court for directions within the time specified by the Registrar. (2) If the trustee so directed fails to make an application as required. or if there is no trustee of the public trust or if for any other reason, the Registrar considers it expedient to do so, he shall himself make an application to the Court.” 27. Court's power to hear application. - (1) On receipt of such application the Court shall make or cause to be made such inquiry into the case as it deems fit and pass such orders thereon as it may consider appropriate. (2) While exercising the power, under sub-section (1) the Court shall, among other powers, have power to make an order for;- (a) removing any trustee; (b) appointing a new trustee; (c) declaring what portion of the trust property or of the interest therein shall be allocated to any particular object of the trust; (d) providing a scheme of management of the trust property, (e) directing how the funds of a public trust whose original object has failed, shall be spent, having due regard to the original intention of the author of the trust or the object for which the trust was created, (f) issuing any directions as the nature of the case may require. (3) Any order passed by the Court under sub-section (2) shall be deemed to be a decree of such Court and an appeal shall lie therefrom to the High Court. (3) Any order passed by the Court under sub-section (2) shall be deemed to be a decree of such Court and an appeal shall lie therefrom to the High Court. (4) No suit relating to a public trust under Section 92 of the Code of Civil Procedure, 1908 (V of 1908), shall be entertained by any Court on any matter in respect of which an application can be made under Section 26 .” 6. Therefore, it is crystal clear that the matter relates with Sections 26 &27 of the Chhattisgarh Public Trusts Act, 1951 for deciding the matter on merits vested only with Civil Court, the order of the SDO (R ) is passed without jurisdiction. 7. According, the impugned order dated 03.07.2025 (Annexure P-1)passed by the Sub-Divisional Officer (Revenue), Dongargarh, District Rajnandgaon (C.G.) is herby set aside/quashed. 8. With the aforesaid observation, the instant petition is disposed of.