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2022 Supreme(SC) 62

UDAY UMESH LALIT, S. RAVINDRA BHAT, BELA. M. TRIVEDI
Parsi Zoroastrian Anjuman, Mhow – Appellant
Versus
Sub Divisional Officer/The Registrar Of Public Trusts – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Mahima Sharma, Adv. Mr. Niraj Sharma, AOR
For the Respondent(s): Mr. Huzefa Ahmadi, Sr. Adv. Mr. Ninad Laud, Adv. Mr. Ivo MS D'Costa, Adv. Mr. Sahil Tagotra, AOR Ms. Anshula Vijay Kumar Grover, AOR

ORDER :

S. RAVINDRA BHAT, J.

1. Leave granted. This appeal by special leave is directed against the judgment of a Division Bench of the Madhya Pradesh High Court at Indore, dismissing an appeal1[Dated 29.09.2018 in W.A. 1325/2018.]. The judgment confirmed an order of the learned Single Judge, who in turn, had affirmed the rejection of the application filed by the appellant, Parsi Zoroastrian Anjuman, Mhow (hereafter referred to as “the trust”), seeking sanction for the disposal of its trust property.

2. The appellant was registered as a public trust on 29.01.1973 under the provisions of the Madhya Pradesh Public Trusts Act, 1951 (hereafter “the Act”). The trust’s membership was made up exclusively of members of the Parsi community at Mhow. On 15.05.2011, at the behest of the trust and on its application, a revisited final scheme in relation to the trust was approved by the District Judge, Mhow2[Order dated 15.05.2011 in Case No.3/2010.]. The revisited scheme contained the following clause:

    “The Managing Committee members, after getting from a majority of the General Body Members and a specific concurrence of the FPZAI members, shall be entitled to liquidate the assets and immovable pro

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