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RAMESH SINHA, SANJAY K. AGRAWAL
Sanjay Kumar Singh, S/o Late Vishnu Dev Singh – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. This public interest litigation has been preferred by the petitioner herein calling in question the order dated 13/08/2021 (Annexure P-1) by which the application filed by respondent No. 4 under Section 14 of Chhattisgarh Public Trusts Act, 1951 (hereinafter 'Act of 1951) has been allowed by the Registrar, Public Trust and permission has been granted to respondent No. 4 Trust for sale of 8 shops belonging to the said Trust on the ground that the said permission granted by the Registrar, Public Trust is not in accordance with law and is liable to be set aside.
2. Return has been filed separately by respondents No. 1 to 3/State and by respondent No. 4 supporting the order impugned passed by the Registrar, Public Trust stating inter alia that the Registrar has passed the order impugned allowing for sale of 8 shops in the interest of the Public Trust in order to generate revenue so that the object of the Public Trust can be achieved, that too, after conducting an enquiry and after inviting objections from the general public. Therefore, the objection raised by the petitioner at this later stage by way of a public interest litigation is simply an aftertho
The registrar's refusal to grant permission for trust property sale must be supported by evidence of prejudice to public interest; arbitrary denials are against statutory provisions.
The main legal point established in the judgment is the requirement of the previous sanction of the Registrar for any sale, mortgage, exchange, or gift of immovable property belonging to a public tru....
The central legal point established in the judgment is that the Charity Commissioner must consider the interest, benefit, and protection of the trust when granting permission for property disposal, a....
The paramount consideration in permitting the alienation of trust property is the interest, benefit, and protection of the Trust, and the transparent utilization of the sale proceeds for the betterme....
Trustees must ensure any alienation of trust property is justified by genuine necessity and conducted transparently, safeguarding the trust's interests.
The court established that procedural impropriety and lack of jurisdiction in cancelling a building license and khata, without due notice, violate principles of natural justice, rendering such orders....
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