Janki Van Mandir v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1280 of 2013 • Janki Van Mandir Viptara, A Public Trust, Through Its President Krishna Kumar Chandravanshi, S/o Late Jodhan Singh Chandravanshi, Age about 60 Yrs, R/o Village Singhanpuri, Post Budha, Police Station Pipariya, Tahsil Kawardha, Civil And Revenue District Kabirdham, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through The Secretary, Department Of Mahanadi Bhawan, Naya Raipur, Dist Raipur, Chhattisgarh

2. The Collector Kawardha, District Kabirdham (C.G.)

3. Sub Divisional OfÏcer And Registrar, Public Trust, Kawardha, Dist Kabirdham, Chhattisgarh

4. Naib Tahsildar Kawardha, District Kabirdham Chhattisgarh

5. Chandrabhan Mishra S/o Shri Ramanuj Mishra R/o Village Biptara, Post Matka, Police Station Pipariya, Tahsil Kawardha, District Kabirdham (CG) ---- Respondent For Petitioner Mr. Parag Kotecha, Advocate For Respondent/State Mr. PK Bhaduri, Government Advocate For Respondent No.5 Mr. KA Ansari, Senior Advocate with Mr.

Vipin Singh, Advocate Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra, J.

12/9/2018

1. Heard.

2. There appears to be a Public Trust in the name of 'Janki Van Mandir, Viptara', which has been registered by the Registrar, Public Trust-cum-SDO, Kawadha on 23.10.2001.

3. Admittedly, the Trust is possessed of a piece of Government land, over which, a temple has been constructed for last about 20 years. The dispute between the parties is concerning raising of fresh construction and the accounts of the Trust.

4. It is informed by learned counsel appearing for respondent No.5 that the matter concerning affairs of the Trust is pending consideration before the Registrar, Public Trust, Kawardha.

5. If an enquiry into the affairs of the Trust is pending before the Registrar, Public Trust, it is not necessary for this Court to keep this writ petition pending. Instead, I direct both the parties to appear before the Registrar, Public Trust on 1.10.2018.

6. The Registrar, Public Trust, shall issue notice to all other trustees of the Trust and hold a meeting of the Trust to resolve the dispute between the parties and thereafter, record the resolution. In the ensuing Navratri, the offerings and donations made to the Deity shall be kept in a separate account under the supervision of the Registrar, Public Trust. The amount and valuables accumulated at the end of Navratri shall be used for the benefit the Deity and Temple, under the supervision of the Registrar, Public Trust.

7. In order to carry on the affairs of the Trust in an effective manner, the Registrar, Public Trust may seek assistance of Police administration.

8. The writ petition stands disposed of.

Sd/- (Prashant Kumar Mishra) Judge Shyna