B. Dayal, C. J.- 1. This petition under Article 226 of the Constitution has been filed by a decree-holder who obtained a decree against one Goswami Ratanprabha alias Bhanuprabha. The decree was transferred for execution to Bhopal and there certain properties were attached in execution. Two persons Laxminarayan and Purushottam filed a regular suit No. 19-A of 1961 for a declaration and injunction that the properties belonged to a public trust and could not be sold in execution of the decree. That suit was ultimately dismissed on technical grounds and nothing more need be said about it. The respondent No.3 Babulal then filed an application under section 4 of the M. P. Public Trusts Act, 1951, for registration of the public trust. The present petitioner-decree-holder contested those proceedings on various grounds which need not be mentioned here. Those proceedings were entrusted by the Collector who was the Registrar under the Act to a Sub-Divisional Officer for enquiry. Apparently, the order was passed under section 34 of the said Act. This order was passed on 28th August 1962. Thereafter, an application was made by Babulal respondent No.3, before the Collector and Registrar of