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Judgment
Sanjay Dwivedi, J
By the instant petition filed under Article 226 of the Constitution of India, the petitioner/Trust is showing the grievance with respect to the instructions issued by the Registrar, Public Trust on 28.11.2023 (Annexure-P/3) whereby the President of the Public Trust known as Gurudwara Shri Gurusingh Sabha Bhagwanganj, Sagar has been informed that the tenure of Board of the Directors as per the by-laws of the Trust which was of two years is over in the year 2018 and till 2018 even after lapse of five years, the office of Trust has not informed the Registrar about filling up the vacancies. Although, it was obligatory for the office of the Trust to inform the Registrar as per Section 25 of the Public Trust Act, 1951 (in short the 'Act, 1951') about the vacancies fallen vacant, but that has not been done, therefore, the Registrar exercising its power appointed the receiver namely Shri Durgesh Tiwari, Naib Tahsildar, Sagar. According to the petitioner, the directions issued by the Registrar appointing the receiver is illegal because before doing so, no notice was issued to the petitioner and even no enquiry was made from the petitioner and in fact, the petitioner has not been apprised that the Registrar is invoking the power provided under Section 25 of the Act, 1951.
Considering the aforesaid and on perusal of Section 25 of the Act, 1951, I do not find any such requirement which was required to be done by the Registrar before appointing the receiver. However, obligation casts upon the petitioner/Trust since has not been fulfilled, therefore, the power provided under Section 25 of the Act, 1951 has been invoked and there is nothing wrong in the order passed by the Registrar. However, the remedy is available in the order itself that if any person is aggrieved with the directions issued by the Registrar, then he can approach the Court within a period of 30 days and as such, if the petitioner has any grievance with the order passed by the Registrar, then the petitioner may avail the said remedy, but under such a circumstance, this petition is not maintainable.
In view of the above, this petition is dismissed as not maintainable.