The main legal point established in the judgment is that the Registrar exceeded its jurisdiction by recalling the entire order and exercising the power provided under Section 26 of the Act, which was not assailed by the respondent Nos. 2 and 3.

JUDGMENT :

Sanjay Dwivedi, J.

Since learned counsel for the petitioner as well as learned counsel for the contesting respondent Nos. 2 and 3 are ready to argue the case finally, it is accordingly heard finally.

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner questioning the legality and validity of the order dated 08.05.2020 (Annexure P/1) whereby the Sub Divisional Officer-cum-Registrar, Public Trust, Khandwa has done nothing, but, issued certain direction to the petitioner-trust on an application filed by the respondent Nos. 2 and 3 under Sections 26 and 27 of the Madhya Pradesh Public Trusts Act, 1951. The petitioner has also assailed the order dated 08.01.2021 whereby the Registrar, Public Trust, exceeding its jurisdiction has entirely reviewed its own order dated 08.05.2020.

2. The facts of the case in nutshell are that the petitioner is a public trust duly registered under the Madhya Pradesh Public Trusts Act, 1951 (for short 'the Act of 1951'). The respondent Nos. 2 and 3 filed an application under Section 26 and 27 of the Act of 1951 before the Registrar, Public Trust stating that they are the journalists and social workers and working for the benefit of the trust. In the application, they have pointed out certain irregularities committed by the management of the petitioner-trust while managing the property of the trust, which, according to them, runs in crores. It is also alleged by them that no regular audit of the accounts of the trust is being done and the audit reports are also not being kept in the record properly.

3. The petitioner opposed the application filed by the respondent Nos. 2 and 3 by filing reply.

4. The Registrar, Public Trust, by order dated 08.05.2020, virtually rejected the application, however, directed the office bearers of the petitioner-trust that in the interest of trust they would conduct the activities of the trust with the consensus of the trustees, duly maintain the record of income and expenses of the trust and conduct audit of the same, conduct the meeting of the trust from time to time after calling all trusties and determine the agenda in the meeting and submit the details of meeting and also the income and expenses of the trust in every three months.

5. Being aggrieved by the said order, the petitioner-trust moved an application under Order 47 Rule 1 read with Section 151 of the Code of Civil Procedure stating therein that the direction issued by the Registrar, Public Trust is contrary to law, as the same cannot be done by him exercising powers provided under Section 26 of the Act.

In the review application, the petitioner prayed that from the order dated 08.05.2020 only the directions issued by the Registrar to the petitioner-trust be deleted, which are as under:-

^^ekuuh; mPp U;k;ky; }kjk yafcr ;kfpdk esa fn;s x, LFkxu esa U;kfl;ksa dks ;Fkkor~ j[kk x;k gS] U;klfgr dh xfrfof/k;ksa ds lapkyu esa dksà LFkxu ugha gS] vr,o vknsf'kr fd;k tkrk gS fd xksnM+ v[kkM+k U;kl ds inkf/kdkfj;ksa dks funsZf'kr fd;k tkrk gS fd og U;kl ds fgr esa U;kl dh xfrfof/k;ksa leLr U;kfl;ksa dh lgefr ls lapkfyr djsaA fof/kor~ vk;&O; dk fglkc j[ksa ,oa vkWfMV djkà tk,A U;kl dh cSBd le;≤ ij vk;ksftr dh tk;sa ,oa cSBd esa leLr U;kfl;ksa dks vkgqr fd;k tkdj ,tsaMk fu/kkZfjr fd;k tk,A U;kl dh leLr cSBdksa ds dk;Zokgh fooj.k] vk;&O; dh laiw.kZ tkudkjh izR;sd 3 ekg esa bl dk;kZy; dks voyksdu gsrq izLrqr djsaA**

However, the Registrar by order 08.01.2021 (Annexure P/2) decided the review application finally and referred the matter to the District and Sessions Judge, Khandwa proposing the issues for determination. The directions issued by the Registrar exercising powers under Section 26 of the Act are as under:-

^^yksd U;kl vf/kfu;e dh /kkjk 26&27 ds rgr ekuuh; ftyk ,oa l= U;k;k/kh'k egksn; [k.Mok dks U;kl ds laca/k esa fuEu fcanqvksa ij fofu'p; fd;k tkuk izLrkfor gSa&
1- Jh ?ku';keiqjh dks xksnM+ v[kkM+k U;kl ea/kkrk dh dk;Zdkjh U;klh@v/;{k ,oa U;klh in ls i`Fkd fd;k tkdj] orZeku