Mandir Shri Hanuman Ji Trust Gram Bhirgavli Tahsil Basoda Distt Vidisha Through Its President Sitara vs The State Of Madhya Pradesh

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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
th
ON THE 7 OF JULY, 2026
WRIT PETITION No. 24638 of 2026
MANDIR SHRI HANUMAN JI TRUST GRAM BHIRGAVLI TAHSIL
BASODA DISTT VIDISHA THROUGH ITS PRESIDENT SITARA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Pavan Singh Raghuwanshi - Advocate for the petitioner.
Shri Dharmendra Nayak - Govt. Advocate for the State.
ORDER
The present petition, under Article 226/227 of the Constitution of
India, has been filed by the petitioner seeking following reliefs:-
"1. That, the impugned order dated 22/06/2026
(Annexure P/1) passed by the respondent no.2/ The
Collector- district Vidisha (MP) in case no.-
0002/revision/25-2026 be set aside in the interest of justice.
2. That, the impugned order dated 14/12/2021
(Annexure P/2) passed by the respondent no.3/ The Sub
Divisional Officer Revenue, Sub division-Basoda, district-
Vidisha (MP), in case no.-01/B-113(1)/2020-2021 be also set
aside and further by allowing the application u/s 115 of the
MPLRC for correction, the respondents be directed to
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/8/2026
12:27:45 PM

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incorporate the name of the trust in the revenue records of

the temple in the interest of justice.
3. That, any other relief may be granted which this
hon'ble court deems fit."
Short facts of the case are that the petitioner, a registered public trust,
namely, Mandir Shri Hanuman Ji Trust, Gram Bhirgavli, Tahsil Basoda,
District Vidisha, has filed the present petition challenging the order dated
22.06.2026 passed by the Collector, Vidisha in revision affirming the order
dated 14.12.2021 passed by the Sub-Divisional Officer, Basoda.
The dispute arises out of an application preferred by the petitioner
under Section 115 of the Madhya Pradesh Land Revenue Code seeking
correction of the revenue entries by incorporating the name of the registered
Trust in place of the existing entry relating to the temple. The application
was rejected on the ground that the temple is a Government-controlled
(Shasan Adheen) temple, and the revisional authority not only affirmed the
rejection but also directed initiation of proceedings under Section 26 of the
Madhya Pradesh Public Trusts Act, 1951 for dissolution of the Trust.
Aggrieved thereby, the petitioner has invoked the extraordinary jurisdiction
of this Court under Articles 226 and 227 of the Constitution of India.
Learned counsel for the petitioner submitted that the impugned orders
are illegal, arbitrary and without jurisdiction. It is contended that the
petitioner is a duly registered public trust and the omission of the word
"Trust" from the revenue records is merely a clerical error requiring
correction. It is further submitted that the authorities have erroneously treated
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/8/2026
12:27:45 PM

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the temple as a Government-controlled temple merely because the Collector

is shown as Manager in the trust records, without any legal or factual basis.
The Collector exceeded his revisional jurisdiction by directing initiation of
proceedings for dissolution of the Trust under Section 26 of the Madhya
Pradesh Public Trusts Act, 1951 without issuing any notice or affording an
opportunity of hearing, thereby violating the principles of natural justice.
Accordingly, it is prayed that both the impugned orders be set aside and the
respondents be directed to correct the revenue entries by recording the name
of the petitioner Trust.
Per contra, learned Government Advocate supported the impugned
orders and submitted that the revenue records consistently show the
Collector, Vidisha, as the Manager of the temple, indicating that the temple
is under Government management. It is contended that the authorities have
rightly relied upon the revenue records, the report of the Naib Tahsildar and
the applicable Government circulars while rejecting the petitioner's
application. It is further submitted that the revisional authority has passed a
well-reasoned order in accordance with law and has rightly directed initiation
of appropriate proceedings under Section 26 of the Madhya Pradesh Public
Trusts Act, 1951. Therefore, no interference is called for in exercise of the
writ jurisdiction of this Court.
Having heard learned counsel for the parties and upon perusal of the
record, this Court finds that the revisional authority was exercising
jurisdiction under Section 50 of the Madhya Pradesh Land Revenue Code,
1959 while examining the legality of the order passed by the Sub-Divisional
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/8/2026
12:27:45 PM

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Officer on the petitioner's application under Section 115 of the Code. The

scope of the revision was confined to the correctness of the order relating to
correction of the revenue entries.
A perusal of Section 26 of the Madhya Pradesh Public Trusts Act,
1951 reveals that the power to seek directions from the competent Court is
vested in the Registrar. Before invoking the said provision, the Registrar is
required to be satisfied that any of the contingencies contemplated under
clauses (a), (b) or (c) of sub-section (1) exist, namely, that the original object
of the public trust has failed, the trust property is not being properly managed
or administered, or that the directions of the Court are necessary for the
administration of the public trust. The statute further mandates that the
working trustee shall be afforded an opportunity of hearing before any
direction is issued, and only thereafter may the Registrar direct the trustee to
approach the Court or, in the circumstances contemplated under sub-section
(2), make such application himself.
In the present case, while exercising revisional jurisdiction under the
provisions of the Madhya Pradesh Land Revenue Code, the Collector
proceeded to direct initiation of proceedings under Section 26 of the Madhya
Pradesh Public Trusts Act, 1951. Such a direction is de-hors the statutory
scheme of Section 26, inasmuch as the satisfaction contemplated by the
provision is required to be recorded by the Registrar in accordance with the
procedure prescribed therein after affording an opportunity of hearing to the
working trustee. Consequently, the observation and direction contained in
paragraph 7 of the impugned order dated 22.06.2026, directing initiation of
Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/8/2026
12:27:45 PM

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proceedings under Section 26 of the Madhya Pradesh Public Trusts Act,

1951 for dissolution of the petitioner Trust, cannot be sustained in law. With
regard to the other findings recorded by the Collector, this Court does not
find any illegality, irregularity, or infirmity warranting interference.
Accordingly, the said findings are affirmed and sustained.
Accordingly, the writ petition is partly allowed. The observation and
direction contained in paragraph 7 of the impugned order dated 22.06.2026,
whereby initiation of proceedings under Section 26 of the Madhya Pradesh
Public Trusts Act, 1951 for dissolution of the petitioner Trust has been
directed, are hereby set aside. The remaining part of the impugned order
shall remain unaltered.
It is clarified that this order shall not preclude the Registrar, if
otherwise empowered and satisfied in accordance with Section 26 of the
Madhya Pradesh Public Trusts Act, 1951, from taking recourse to such
proceedings as may be permissible in law after following the procedure
prescribed under the Act.
With the aforesaid modification, the present writ petition stands
disposed of.
(MILIND RAMESH PHADKE)
JUDGE
pwn*

Signature Not Verified
Signed by: PAWAN KUMAR
Signing time: 7/8/2026
12:27:45 PM