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1973 Supreme(MP) 21

P.K.TARE, S.M.N.RAINA
PHOOLCHAND JAIN AND ORS. – Appellant
Versus
REGISTRAR, PUBLIC TRUSTS, SATNA, M. P. AND ORS. – Respondent


Advocates Appeared:
B.C.VERMA, R.K.SAMAIYA

TARE, C. J.

( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution of India, against the order, dated 2-5-1972 (Petitioner's Annexure-C ). passed by the Sub-Divisional officer. Raghurajnagar, appointing trustees in place of other trustees and imposing a fine of Rs. 250/-, purporting to act under Section 33 (2) of the Madhya Pradesh public Trusts Act, 1951, for an alleged contravention of Section 25 (2) of the said act. The petitioners challenged the said order mainly on the grounds that the Sub-Divisional Officer. Raghurajnagar, had no jurisdiction to exercise the powers of the collector as Registrar of Public Trusts and secondly, he had no territorial jurisdiction, which according to the petitioners, vested in the Sub-Divisional officer, Nagod. The further ground urged on behalf of the petitioners is that the power to remove the trustees did not vest in the Registrar of Public Trusts, but the same could be exercised by the District Court only and, in any case, no fine could be imposed by the Sub-Divisional Officer, functioning as Registrar of Public Trusts.

( 2 ) TAKING up the question of jurisdiction of the Sub-Divisional Officer, raghurajnagar, we may observe th

















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