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1964 Supreme(MP) 48

P.V.Dixit, K.L.Pandey
Kailashchand – Appellant
Versus
Rewaram M. P. – Respondent


Advocates Appeared:
P. R. Padhye & P. S. Khirwadkar for petitioner;
R. L. Sharma for respondents 2 to 4;
R. J. Bhave, Government Advocate for respondent No 5.

ORDER

Dixit, C. J.-

1. This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari for quashing an order passed by the Registrar of Public Trusts, Hoshangabad, on 18th July 1963 holding that an application filed by the opponents Nos. 1 to 5, under section 26 of the Madhya Pradesh Public Trusts Act, 1951, (hereinafter referred to as the Act), was maintainable, and fixing a date for a hearing of the submissions of the parties on that application.

2. The material facts are that in 1952 the petitioner, claiming himself to be the trustee and manager of "Gokarneshwar Mahadeo" temple situated' in Kharkhedi, made an application for registration of the temple as a public trust under the Act. This application was sent by the, Registrar to the Sub-Divisional Officer for enquiry and report, but no order of any kind was made thereon after an enquiry in conformity with sections 5 and 6 of the Act. On 24th August 1959 the non-applicants Nos. 1 to 5 made an application under section 26, of the Act before the Registrar for removal of the petitioner from the manager-ship and trusteeship of the temple. This application was sent by the Registrar to the Sub-





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