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1976 Supreme(MP) 86

C.KONDAIAH, P.D.MULYE
SWAMI INDRADEVANAND GURU SWAMI SHRI PARMANANDJI – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
M.L.Agrawal, S.K.AGARWAL, S.L.GARG

KONDAIAH, J.

( 1 ) THE petitioner claims to be the mahant of Shitaleshwar Mahadeo Temple situated at Karnalpura Indore. His mahantship descended on him according to guru-shishya parampara, a custom and usage recognized by the then Holkar state. In that capacity as mahant he is holding the properties exclusively to himself. The Registrar of Public Trusts, Indore, had issued a notice to him on equivalent Citation: 29-1-1969 under Section 5 (1) of the Madhya Pradesh Public Trusts Act, 1951 (hereinafter called "the Act"), calling upon him to show cause why he should not be proceeded against under the Act for not getting the trust registered under Section 4 as public trust. The petitioner made representations to the registrar in writing to the effect that there was no public trust and the temple and the properties belong to him personally. Thereafter the Registrar issued a notice under Section 5 (2) of the Act for holding an inquiry as to whether the properties mentioned therein are or are not public trust properties. The aforesaid notice Annexure "d" was published in the gazette of Madhya Pradesh on 4-4-1969. The Registrar directed the Sub-Divisional Officer to enquire into the matter



















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