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2011 Supreme(MP) 232

A.K.SHRIVASTAVA
Shri Ram Mandir Trust through its Secretary, Pramod Tiwari, S/o Shri Durga Prasad Tiwari – Appellant
Versus
State of Madhya Pradesh Through the Secretary, Revenue Department, Registrar, Public Trust (Joint Collector) and Hanuman Mandir Trust, through its President, Ajay Mishra, S/o Shri Narendra Mishra – Respondent


ORDER

A.K. Shrivastava, J.

1. By this petition under Article 226 of the Constitution of India the Petitioner has sought following reliefs:

(I) To quash the orders in Annexures P-9, P-7 and P-5.

(II) To restrain the Respondents from taking the possession of the disputed properties from the Petitioner and from giving it to the Respondent No. 3.

(III) Issue any other writ/writs, order/orders and direction/ directions as this Hon'ble Court may deems fit and proper in the facts and circumstances of this case.

(IV) Award the cost of this petition.

2. The Petitioner Shri Ram Mandir Trust (hereinafter referred to as "the Trust") is a registered Public Trust registered under the M.P. Public Trusts Act, 1951 (hereinafter referred to as "the Act of 1951") . Before registering the Trust an application was submitted by the Petitioner on 31.8.1953 for its registration (Annexure P-1) and the properties which are mentioned in the application include one "Hanuman Mandir". The said Trust was registered under the Act of 1951 vide order dated 10.1.1955. Much prior to its registration the properties were subject matter of the Civil Suit No. 42/1930 which was decided by a compromise judgment and decree dated 1











































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