SHIV BHAGWAN RAMESHWAR LAL CHARITABLE TRUST Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant petition has been preferred by the Petitioners under Article 226/227 of the Constitution of India seeking the following reliefs:

(2.) According to the pleadings of the Petitioners, Petitioner No.1 is a Charitable Trust and is the owner of land bearing Khasra No.107/3 and 108/3 area 0.40 and 0.922 hectares, total area 0.962 hectares, situated at adjacent to J.P.Verma College, Jarhabhata, Bilaspur. The said land is situated on main road and because of its location and recent construction of over bridge etc./widening of road, the boundary wall protecting the said property has been demolished and certain part of the said property is exposed to public. The said property during last several years has not fetched any income which otherwise would have been fetched, therefore, Petitioner No.1-trust has taken a decision on 20/6/2019 of selling the said property and on receipt of consideration, to purchase property in any rural area prospectively around 10 acres so that arrangement may be made for education and health of weaker sec. of society and also to construct school, college and hospital. Taking into consideration the above aspects of matter and other relevant aspects, an application under Sec. 14 of the Chhattisgarh Public Trusts Act, 1951 (for short 'the Act of 1951') has been filed by the Petitioners and thereafter certain amendments have also been incorporated in the said application. Respondent No. 2 i.e. Registrar, Public Trust followed the unusual procedure by calling for a report from the Tahsildar and also from the Principal of JP Verma Government Arts and Commerce College, Bilaspur which is altogether irrelevant for the purpose of decision of application filed under Sec. 14 of the Act of 1951 and vide impugned order dtd. 5/8/2021, Respondent No. 2 the Registrar, Public Trust rejected the application filed by the Petitioners. Hence, the instant petition.

(3.) In their reply and rejoinder, Respondents No.3, 4, 5 and 6 stated that the Petitioners No.2 and 3 are neither the trustees under the provisions of Chhattisgarh Public Trust Act 1951 nor could they have been nominated under the terms of trust deed, therefore, they have no locus to move the subject application as well as the instant petition. With regard to Kamal Bajaj, as per terms of the trust deed, he could have been nominated as one of the trustees together with the Respondents. Neither the Respondents have authorized nor has any resolution been passed in favour of Kamal Bajaj to act nor has he been nominated as Chairman of the trust and, therefore, his representation as chairman of the trust is illegal and unauthorized. The land in question were purchased in the name of trust way back in the year 1958. In the year 1972, the trust had decided to donate the land in question along with the other land to the management who was running the college, namely, 'Shiv Bhagwan Rameshwar Lal College' (for short 'SBR College'). The deed of transfer was executed and all the land were transferred in the name of State. Due to some inadvertence, the revenue records could not be corrected and the present land remains in the name of trust in the revenue records. By taking advantage of this omission, some persons including the Petitioners planned to grab this property in the name of trust and sell it out. The land is the part of a land which has been donated to the management of SBR College in the year 1972. This land is situated just in-front side of the college and only by this land there is access to the college. This land is being used as play ground and for other social activities by the College since last 50 years. With regard to the resolution dtd. 20/6/2019, it has been fraudulently passed by the unauthorized persons. Since 1944 to 2019 there was no change in the name of the trustees and suddenly in the year 2019, an application was moved to change the Chairman and thereafter suddenly the trust passed a resolution for selling out the land. Even before obtaining permission, advance money of Rs.34,00,000.00 was also received by the Chairman and subsequently he transferred it in his own account. As the land is being used by the College as playground and for other social activities, permission to sell it out would prejudicially affect the functioning of the College. It is further stated that the application under Sec. 14 of the Act of 1951 has been moved by the Petitioners before the Sub-Divisional Officer, Bilaspur who has acted as 'Registrar of Public Trust' by virtue of the work alloted by the Collector under the work distribution memo i.e. Annexure R-3/6. As contained in Sec. 34-A of the Act of 1951, the Registrar may, by order in writing, delegate his powers to any revenue officer of his district not below the rank of Sub-Divisional Officer. But, delegation on the basis of work distribution memo is not permissible which is contrary to the mandate of Sec. 34-A of the Act of 1951.