Aadi Shakti Maa Mahishasur Mardini Dharmik Evam Jan Kalyan Trust v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2315 of 2020 Aadi Shakti Maa Mahishasur Mardini Dharmik Evam Jan Kalyan Trust Chaiturgarh (Lafa), Block Pali, District Korba Chhattisgarh. Through Its President, Shri Laxmi Narayan Singh, S/o Late Shri Khem Singh, Aged About 75 Years, R/o Village Podi, Tehsil Pali District Korba, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector Korba, District Korba Chhattisgarh

2. The Sub Divisional Officer (R) Katghora And Registrar Of Public Trust Under The Chhattisgarh Public Trust Act, 1951, District Korba, Chhattisgarh

3. The Tehsildar Pali, District Korba, Chhattisgarh ---- Respondents For Petitioner :

Mr. Sushil Dubey, Advocate For State :

Mr. Raghvendra Verma, GA Hon'ble Shri Justice P. Sam Koshy Order on Board 20/10/2020

1. The challenge in the present writ petition is to the order of Sub Divisional Officer, Katghora Disrict Korba dated 02.09.2020 whereby the SDO respondent No.2 has restrained the petitioners from using the Bank Account and also from making any financial transactions and have called upon the petitioner to give its explanation within 3 days in respect of the alleged irregularities in the said trust.

2. Counsel for the petitioner submits that he has already filed a representation before the District Collector vide Annexure P-8 dated

13.08.2020 in respect of the order of the SDO being improper and contrary to the provision of law.

3. As per the relief clause 10.3 with the writ petition, there is a specific prayer that Collector may be directed to decide his representation/objection at the earliest and also to grant permission to conduct elections in terms of the by laws of the said trust.

4. Given the said limited grievance that the petitioner has and the fact that he has already approached the District Collector in this regard vide Annexure P-8, ends of justice would meet if the District Collector is directed to take a decision on the reply/objection so filed by the petitioner at the earliest preferably within a period of 45 days from the date of receipt of copy of this order.

5. Meanwhile, the petitioner shall also approach respondent District Collector or for that matter the respondent No.2 by way of a request letter or representation enabling the petitioners to operate the bank account so as to meet the daily expenditure like payment of salary/wages as also to meet the expenditure towards electricity consumption and other miscellaneous incidental daily expenses incurred by the trust.

6. On such application being filed, the authorities are expected to decide the same first before deciding the application/representation of the petitioner on merits.

7. With the aforesaid observations, the writ petition stands disposed of. Sd/- (P. Sam Koshy) Judge Rohit