Thakur Laxminarayan Swami Mandir Trust v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition No. 39 of 2005 Thakur Laxminarayan Swami Mandir Trust, Through its President Dr. Choudhary Singh Thakur, S/o Late Shri Thakur Chatur Singh, Aged about 54 Years, R/o Ramkundpara, Raipur (Chhattisgarh). ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department of Culture and Religious Trust, Mantralaya, D.K.S. Building, Raipur (Chhattisgarh).

2. The Registrar, Public Trust, Raipur District - Raipur (Chhattisgarh).

3. Vasudev Singh Thakur, S/o Late Manrakhan Singh Thakur, Aged about 71 years, R/o Tiranga Chowk, Kushalpur, Raipur, Tahsil & District- Raipur, (Chhattisgarh).

---- Respondents For Petitioner :

Mr. B.P. Sharma & Shri Hari Agrawal, Advocates. For Respondent No.3 :

Mr. Vikram Singh, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/02/18 1.

Learned counsel for the petitioner submits that in compliance of order of High Court of Madhya Pradesh, Jabalpur dated 29-04-1983 passed in F.A No. 182/1979, Shri Ved Prakash Das Nihang Sadhu has already been appointed as Sarvakar of the trust, which has been approved by the Registrar, Public Trusts, Raipur under Section 9 of the Chhattisgarh Public Trusts Act, 1951 by order dated 21-08-2009. He would further submit that by order dated 12-06-2009, Thakur Choudhary Singh has already been appointed on the post of President of Trust Committee. Therefore, no cause of action survives for consideration. The aforesaid statement made on

behalf of the petitioner is placed on record. 2.

On the other hand, learned counsel for respondent No.3 would submit that that the order of Division Bench of the High Court of Madhya Pradesh has not been followed by the Registrar, Public Trusts. 3.

In reply to the rejoinder, learned counsel for the petitioner would submit that writ petition filed by respondent No.3 namely, W.P. No.2514 of 2001 (Washudev Singh Thakur vs. State of Chhattisgarh & others) has already been dismissed on 19/07/2010.

4.

In view of the petitioner's statement made hereinabove, the writ petition is disposed off.

Sd/- (Sanjay K. Agrawal) Judge Kvr