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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 2nd OF FEBRUARY, 2023
WRIT PETITION No. 27106 of 2019
BETWEEN:-
LALJI MAHARAJ JANKALY
AN SAMITI MUHANS THR.
ITS
PRESIDENT
SUSHIL
KUMAR
AGED
36
S/O
MATHURA
PRASAD
PATEL
GRAM
PANCHAY
AT
MUHANSA
TEH.
REETI
DIST.
KATNI
(MADHY
A
PRADESH)
.....PETITIONER
(BY SHRI ANVESH SHRIVASTAVA-ADVOCATE)
AND
1.
THE STATE OF MADHY
A PRADESH THR. P.S.
REVENUE DEPT. BHOPAL (MADHYA PRADESH)
2.
THE COLLECTOR KATNI DISTT.KATNI (MADHY
A
PRADESH)
3.
TEHSILDAR
KATNI REETHI
DISTT.KATNI
(MADHYA PRADESH)
4.
CHIEF EXECUTIVE OFFICER KATNI TREASURER
RITHI DISTT.KATNI (MADHYA PRADESH)
5.
SUB DIVISIONAL OFFICER KATNI DISTT.KATNI
(MADHYA PRADESH)
6.
PUBLIC TRUST SHRI HANUMAN JI MAHARAJ
SANKAT MOCHAN DHAM SAMITI MUHANS
THROUGH
SECRETARY
SARPANCH GRAM
PANCHAYAT M UHANS DISTT.KATNI (MADHY
A
PRADESH)
7.
SURY
A PRAKASH DUBEY
SECRETARY
GRAM
PANCHAY
AT
MUHANS DISTT.KATNI (MADHY
A
PRADESH)
.....RESPONDENTS
(BY SHRI K.C. GHILDIYAL-SENIOR ADVOCATE ASSISTED WITH SHRI
SHRIKANT MISHRA-ADVOCATE AND SHRI R.P. MISHRA, LEARNED
COUNSEL FOR INTERVENOR)
WRIT PETITION No. 723 of 2019
BETWEEN:-
1.
RAMNATH LODHI S/O SHRI RAMDAS LODHI,
AGED
ABOUT
47
YEARS, OCCUPATION:
SARPANCH GRAM PANCHAY
AT MUHANA TEH.
REETHI DISTT. KATNI M.P. (MADHYA PRADESH)
2.
GAJENDRA SINGH S/O SHRI GOPAL SINGH
OCCUPATION: COMMITTEE MEMBER GRAM
PANCHAY
AT MUHANS, TEHSIL REETHI (MADHY
A
PRADESH)
3.
JANKI PRASAD S/O LATE SHY
AMLE LODHI
OCCUPATION: COMMITTEE MEMBER GRAM
PANCHAY
AT MUHANS, TEHSIL REETHI (MADHY
A
PRADESH)
.....PETITIONER
(BY SHRI K.C. GHILDIYAL-SENIOR ADVOCATE ASSISTED WITH SHRI
SHRIKANT MISHRA-ADVOCATE)
AND
1.
THE BOARD OF REVENUE MADHY
A PRADESH
GW
ALIOR THR. ITS REGISTRAR GW
ALIOR M.P.
(MADHYA PRADESH)
2.
THE
COMMISSIONER
JABALPUR
DIVISION
DISTT-JABALPUR (MADHYA PRADESH)
3.
THE COLLECTOR KATNI DISTT-KATNI (MADHY
A
PRADESH)
4.
SUSHIL KUMAR S/O MATHURA PRASAD PATEL
OCCUPATION: PRESIDENT OF LALJI MAHARAJ
JANKALY
AN SAMITI SANKATMOCHAN MANDIR,
GRAM PANCHAY
AT MUHANS TAHSIL REETHI
(MADHYA PRADESH)
5.
A
W
ADHESH
KUMAR
S/O
DILBAHAR
DUBEY
OCCUPATION: CHIEF PRIEST (SECRETARY) LALJI
MAHARAJ
JANKALY
AN
SAMITI
SANKATMOCHAN MANDIR GRAM PANCHAY
AT
MUHANS, TEHSI LREETHI (MADHYA PRADESH)
6.
SARMANLAL S/O ASHIRLAL PATEL OCCUPATION:
(TREASURER)
LALJI
MAHARAJ
JANKALY
AN
SAMITI
SANKATMOCHAN
MANDIR
GRAM
PANCHAY
AT MUHANS, TEHSI LREETHI (MADHY
A
PRADESH)
7.
SONELAL PATEL S/O SUMERA OCCUPATION: VICE
PRESIDENT
LALJI
MAHARAJ
JANKALY
AN
SAMITI
SANKATMOCHAN
MANDIR
GRAM
PANCHAY
AT MUHANS, TEHSI LREETHI (MADHY
A
PRADESH)
8.
NANDURAM S/O BHAILAL PATEL OCCUPATION:
MEMBER LALJI MAHARAJ JANKALY
AN SAMITI
SANKATMOCHAN MANDIR GRAM PANCHAY
AT
MUHANS, TEHSI LREETHI (MADHYA PRADESH)
9.
SITARAM S/O PUNAURAM LODHI OCCUPATION:
MEMBER LALJI MAHARAJ JANKALY
AN SAMITI
SANKATMOCHAN MANDIR GRAM PANCHAY
AT
MUHANS, TEHSI LREETHI (MADHYA PRADESH)
10.
GRAM SECRETARY
MUHANS GRAM PANCHAY
AT
MUHANS, SURESH KUMAR LODHI S/O SHRI
LALLULAL LODHI AGE 35 GRAM PANCHAY
AT
MUHANS, TEHSIL REETHI (MADHYA PRADESH)
11.
SUB DIVISIONAL OFFICER KATNI DISTT-KATNI
(MADHYA PRADESH)
12.
THE TEHSILDAR REETHI, DISTT-KATNI (MADHY
A
PRADESH)
.....RESPONDENTS
(BY SHRI SHUBHAM RAI-LEARNED COUNSEL FOR RESPONDENT NO.6)
WRIT PETITION No. 27252 of 2019
BETWEEN:-
ASHWINI KUMAR DUBEY
S/O LATE SHRI JANARDAN
DUBEY
,
AGED
ABOUT
53
YEARS, OCCUPATION:
AGRICULTURIST GRAM PANCHAY
AT MUHANS TEH.
REETI DIST. KATNI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANVESH SHRIVASTAVA-ADVOCATE)
AND
1.
THE
STATE
OF
MADHY
A
PRADESH
THR.
P.S.REVENUE DEPT. BHOPAL (MADHY
A PRADESH)
2.
COLLECTOR K AT N I DISTT-KATNI
(MADHY
A
PRADESH)
3.
TEHSILDAR
REETHI DISTT-KATNI
(MADHY
A
PRADESH)
4.
CHIEF EXECUTIVE OFFICER TREASURER RITHI
DISTT-KATNI (MADHYA PRADESH)
5.
SUB DIVISIONAL OFFICER KATNI DISTT-KATNI
(MADHYA PRADESH)
6.
LALJI MAHARAJ JANKALY
AN SAMITI MUHANS
KATNI THR. ITS PRESIDENT SUSHIL KUMAR S/O
MATHURA PRASAD PATEL AGE 29 R/O GRAM
PANCHAY
AT MUHANSA, TEHSIL RITHI (MADHY
A
PRADESH)
7.
PUBLI TRUST SHRI HANUMAN JI MAHARAJ
SANKAT MOCHAN DHAM SAMITI MUHANS
TEHSIL RITHI DISTT KATNI THR. SECRETARY
,
SARPANCH
GRAM
PANCHAY
AT
MUHANS,
(MADHYA PRADESH)
8.
SURY
A PRAKASH DUBEY
SECRETARY
, GRAM
PANCHAYAT MUHANS, (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMAN PANDEY-PANEL LAWYER)
WRIT PETITION No. 27488 of 2019
BETWEEN:-
SARMANLAL S/O ADHIRLAL PATEL, AGED ABOUT 74
YEAR S , OCCUPATION:
PANDA
TREASURER
LALJI
MAHARAJ
JANKALY
AN
SAMITI
SANKATMOCHAN
MANDAR
GRAM
PANCHAY
AT
MUHANSA
TEHSIL
REETHI DISTT. KATNI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHUBHAM RAI-ADVOCATE)
AND
1.
THE STATE OF MADHY
A PRADESH THR. P.S.
REVENUE
DEPARTMENT
BHOPAL
(MADHY
A
PRADESH)
2.
THE COLLECTOR KATNI DISTT.KATNI (MADHY
A
PRADESH)
3.
TEHSILDAR
KATNI REETHI
DISTT.KATNI
(MADHYA PRADESH)
4.
CHIEF EXECUTIVE OFFICER TREASURER REETHI
DISTT.KATNI (MADHYA PRADESH)
5.
SUB DIVISIONAL OFFICER KATNI DISTT.KATNI
(MADHYA PRADESH)
6.
LALJI MAHARAJ JANKALY
AN SAMITI MUHANS
KATNI THROUGH PRESIDENT SUSHIL KUMAR S/O
MATHURA
PRASAD
PATEL
AGE
29 GRAM
PANCHAY
AT MUHANSA TEHSIL REETHI DISTT.
KATNI (MADHYA PRADESH)
7.
PUBLIC TRUST SHRI HANUMAN JI MAHARAJ
SANKAT MOCHAN DHAM SAMITI MUHANS
THESIL
RITHI
DISTT.KATNI
THROIGH
PANCHAY
AT
MUHANS PANCHAY
AT
MUHANS
DISTT.KATNI (MADHYA PRADESH)
8.
SURY
A PRAKASH DUBEY
SECRETARY
GRAM
PANCHAY
AT
MUHANS GRAM
PANCHAY
AT
MUHANS DISTT.KATNI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMAN PANDEY-PANEL LAWYER)
This petition coming on for final hearing this day, the court passed the
following:
ORDER
This order shall also govern disposal of WP No.723/2019, WP No.27252/2019 and WP No.27488/2019. For the sake of convenience, facts of WP No.27106/2019 are being taken note of.
2. The petitioners have filed this petition assailing the order dated 31/03/2019 (Annexure P/3) passed by the Collector, Katni in case No.09/Appeal/B-121/Mandia Trust/2017-18.
3. The facts as elaborated in the petitions reflect that the petitioner in WP No.27106/2019 is a society duly registered under the provisions of Madhya Pradesh Society Registration Act, 1973. The society is managing the affairs of a temple and the society has a committee which consists of as many as seven members who have been vested with the authority to govern the affairs of the temple. It is also averred in the petition that a dispute crept in when Sub Divisional Officer, Katni approved the Managing Committee of the society as proposed by an order of Tahsildar dated 23/11/2015. While approving the Tahsildar's order dated 23/11/2015 the SDO, Katni vide order dated 27/01/2016 constituted a committee. The said findings contained a consent by one Shri Sarman Lal who is Panda/Treasurar of the Managing Committee of the temple. The said order of SDO, Katni, was assailed before the Additional Collector, Katni. The Additional Collector, Katni vide impugned order dated 31/03/2018 issued direction for constitution of a public trust. Assailing the order passed by the Additional Collector, Katni dated 31/03/2018, this petition has been filed.
4. Learned counsel in WP No.27106/2019 contends that upon passing of the order of Additional Collector dated 31/03/2018, a trust has been constituted and in the constitution of trust, the property which is owned by the trust is being said to be property situated at Khasra No.151 admeasuring 0.39 Hectare Patwari Halka No.19 village Muhans. It is contended by the counsel that the petitioners have disputed this Khasra No.151 and it is contended by the counsel that a perusal of the opening paragraph of the order dated 31/03/2018 reflects that the dispute was pertaining to Khasra No.154/2, 154/3 and 343/151. It is further contended by the counsel that in connected petition bearing WP No.723/2019, incorrect avermments were made in paragraph 5.1 of the petition which has lead to the passing of impugned order passed by the Additional Collector, Katni dated 31/03/2018. Therefore, learned counsel submits that the said order be quashed.
5. Per contra, learned Senior Counsel for the respondents in WP No.27106/2019 and for petitioner in WP No.723/2019 submits that the present petition has been filed in the name of Society through its president Shri Sushil Kumar Patel. It is contended by the counsel that Shri Sushil Kumar Patel, Shri Avadhesh Kumar Dubey, Shri Sarman Lal Patel, Shri Sone Lal Patel, Shri Nandu Lal Patel and Shri Sita Ram Lodhi filed an appeal before the Additional Collector, Katni challenging the order dated 23/11/2015 passed by the SDO, Katni. The Additional Collector, Katni vide impugned order dated 31/03/2018 allowed the said appeal and while setting aside order of constitution of committee, issued direction for constitution of a trust. The said order dated 31/03/2018 has now been acted upon and a trust has also been constituted in terms of the provisions of Madhya Pradesh Public Trust Act and the said constitution of trust is not under challenge in the present petition. Therefore, submits that there is a futile attempt on the part of the petitioners to file the petition inasmuch as six out of total seven members, details of whom have been given in Annexure P/1, filed an appeal before the Additional Collector, Katni which has been allowed and now while projecting the society to be a petitioner, there is an effort at the instance of the petitioners to mislead this Court. Learned counsel contends that upon constitution of a trust, in due implementation of order dated 31/03/2018 passed by the Additional Collector, Katni, the present peti
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