The Court permitted the withdrawal of a writ petition seeking directions for the conclusion of proceedings, granting liberty to the petitioner to incorporate the grounds of the withdrawn petition into a subsequent challenge against the final order passed in those proceedings.

Order on Board

1. Heard.

2. The petitioner has preferred this writ petition under Article 226 of the Constitution of India, seeking following relief(s):-

“10.1) This Hon'ble Court may kindly be pleased to direct the respondent no. 2 to decide and conclude the proceedings initiated under 26 of CG Public Trust Act after a fair enquiry within a reasonable time limit in accordance with law in the interest of justice and also direct the respondent authorities to decide the petitioner representation/ complaint (Annexure P-5) within a reasonable time period in the interest of justice.

10.2) This Hon'ble Court may also be further pleased to issue appropriate writ and direct that the object of the trust be fulfilled and the respondents be restrained from misusing the trust property and of the accounts of the trust and the trust management be directed under the supervision of the Registrar Public Trust and seize the illegal bank account prepared in the name of trust by the respondents.

10.3) This Hon'ble Court may also be further pleased to issue appropriate writ and direct that the appointment of respondent no. 3 to 5 and other working trustee as illegal, contrary to bye laws of the trust and thus direct for their removal in respect of management of the trust property.

10.4) This Hon'ble Court may also be further pleased to issue appropriate writ and direct that the entire supervision and management of the trust be taken away from the respondents and present working trustee and new working trustee be appointed in accordance with bye laws of the trust and petitioner be considered for position of trustee being a legal representative of the author of the trust.

10.5) This Hon'ble Court may kindly be pleased to call for the entire records of the court below, for kind perusal of this Hon'ble Court.

10.6) This Hon'ble Court may also be pleased to grant the cost of the petition to the petitioners.

10.7) Any other relief which this Hon'ble Court deem fit and proper may also kindly be granted to the petitioners in the interest of justice.”

3. At the outset, learned counsel for the petitioner submits that in the instant petition, the petitioner has also sought relief to issue direction to respondent No.2 to decide and conclude the proceedings initiated under Section 26 of the Chhattisgarh Public Trust Act, 1951 (for short ‘the Act 1951’) after conducting due enquiry. He further submits that subsequent to filing of the instant petition, the aforesaid proceedings have been concluded by respondent No.2 and the application filed by the petitioner under Section 26 of the Act 1951 has been rejected vide Order dated 02.11.2021. He further submits that aforesaid order has been challenged by the petitioner by filing WPC No.395/2022. He further submits that the petitioner may be permitted to withdraw this petition with liberty to raise grounds in WPC No.395/2022, including those grounds urged in the instant petition in respect of the other reliefs sought herein.

4. Learned counsel appearing for the respondents have no objection in allowing aforesaid prayer of the petitioner.

5. Having considered the submissions advanced by learned counsel for the petitioner, and in view of the fact that the proceedings initiated pursuant to the petitioner’s application under Section 26 of the Act of 1951 have already been concluded and are subject matter of challenge in WPC No. 395/2022, this Court, without expressing any opinion on the merits of the case, disposes of the present petition with liberty to the petitioner as prayed for.

6. Accordingly this petition sta