Judgment

SHELAT, J. : This is an appeal by special leave against the Judgment and order of the High Court of Maharashtra dismissing the appellant s petition under Article 226 of the Constitution. The question arising in the appeal is whether the Assistant Charity Commissioner appointed under the Bombay Public Trusts Act, 1950 as extended to the area of Vidarbha has jurisdiction to hold an inquiry under Section 19 of that Act in spite of a previous finding by the Registrar under the Madhya Pradesh Public Trusts Act, XXX of 1951 that the trust in question was not a public trust within the meaning of the latter Act. The facts leading to the writ petition may briefly be set out.

2. In October 1953, one Jaferbhai claiming to be a beneficiary applied under S. .5 of the M. P. Act to the Registrar that the trust known as Mehdibaug founded in Nagpur in 1891 and its properties which were and are admittedly in possession of and managed by the appellant was a public trust. As required by Section 5 (2) of that tact the Registrar directed that a proclamation in respect of the said application should be published in the next issue of Madhya Pradesh Gazette. The inquiry held by the Registrar ended i