IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE th ON THE 10 OF MAY, 2023 WRIT PETITION No. 10785 of 2023 BETWEEN:-

KAMLARAJE CHARITABLE TRUST REGISTERED OFFICE JAIVIALAS PALACE PREMISES GWALIOR THROUGH SECRETARY VIJAY SINGH PHALKE S/O LATE SHRI RANJEET SINGH PHALKE, AGED ABOUT 78 YEARS, R/O 01 USHA COLONY JHANSI ROAD GWALIOR (MADHYA PRADESH)

.....PETITIONER (BY SHRI VARUN KAUSHIK - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. COLLECTOR GWALIOR DISTRICT GWALIOR (MADHYA PRADESH)

3. TEHSILDAR TEHSIL MAHALGOAN DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PAWAN SINGH RAGHUVANSHI - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

The present petition under Article 227 of the Constitution of India has been directed against the order dated 5.4.2023 and 1.5.2023, whereby vide order dated 5.4.2023 the learned Trial Court has held that the suit filed by the Secretary of the Trust despite there being a proper resolution of the trustees to the said effect cannot be treated as a suit filed b