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Tehsildar Not Authorized To Look After Management Of Public Trust: MP HC [Read Order]

LiveLaw News Network
2 May 2017 4:06 AM GMT
Tehsildar Not Authorized To Look After Management Of Public Trust: MP HC [Read Order]
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A single bench of Madhya Pradesh High Court has held the Tehsildar (revenue officer) is not authorized to look after the management of a Public Trust.

The Registrar Public Trust, Bhopal issued order on 1.9.2016 directing the Tehsildar (revenue officer) to look after the management of the Public Trust - Shri Phoolchand Ramprakash Parmarthik Nyas.

The Registrar found a complaint of a trustee about certain irregularities going on in the Trust is correct and gross irregularities were committed by certain trustees and no regular meetings were hold.

The court allowed the petition filed by a trustee against the order of Registrar challenging its legality.

Justice Nandita Dubey said “it is clear that the Registrar after being satisfied on the complaint that there is a mismanagement by the trustee of the Public Trust, ought to have directed the trustee to apply to the civil court for direction”.

“If no application is filed by the trustee he (the Registrar) himself could have applied to the Court”, the court said.

Furthermore the court said “instead of taking such recourse, the powers have been delegated to the Tehsildar which is contrary to the provisions of Public Trust Act 1951”.

Read the Order here.

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