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The Khasgi (Devi Ahilyabai Holkar Charities) Trust, Indore & Another v/s State of Madhya Pradesh through Principal Secretary, GAD & Others

    W.P. No. 11618 of 2012
    Decided On, 28 November 2013
    At, High Court of Madhya Pradesh
    By, THE HONOURABLE MR. JUSTICE N.K. MODY
    For the Appearing Parties: A.K. Chitale, Shekhar Bhargava, senior Advocates with Dr. Ritu Bhargava, Vivek Patwa, Vinita Phaye, GA, Kamal Airan, Vivek Sharan, Assistant Solicitor General with Arvind Agnihotri, Vinay Zelawat, Advocates.


Judgment Text
1. The petitioners have, in the present petition, challenged order Annexure P/1 dated 05.11.2012 passed by the Collector, Indore and order Annexure P/23 of the same date passed by the Registrar of Public Trusts, Indore. The background of these two orders is that on 18.04.2012, Smt. Sumitra Mahajan, the Member of Parliament, Lok Sabha Indore Constituency, wrote a letter Annexure P/10 to the Chief Minister complaining about sale of a property at Kushawart Ghat, Haridwar by the petitioner No.1 Khasgi (Devi Ahilyabai Holkar Charities) Trust ('Khasgi Trust'). This letter led to a chain of letters. The first letter was addressed by the Principal Secretary to the Chief Minister to the Commissioner, Indore Revenue Division Annexure P/ 11 on 08.06.2012, to enquire and report to the Principal Secretary, and the further letter was addressed by the Commissioner to the Collector, Indore Annexure P/12 dated 15.05.2012 for the same purpose that is to enquire and report to the Commissioner.

2. This chain of correspondence led to the impugned orders by the Collector and the Registrar. The operative part of the Collector’s order runs as follows:

'HINDI'

This Court has broken up the above extract of the Collector’s impugned order into segments for better analysis, appreciation and understanding. The Registrar’s order is of no consequence and, therefore, no reference is made in that regard.

3. A gist of the findings in the Collector’s aforesaid impugned order Annexure P/1 is as follows:

(a) The properties comprised in the Khasgi Endowments are (according to the Collector) owned by the State Government;

(b) The Khasgi Trust does not have the right to sell the properties comprised in the Khasgi Endowments;

(c) The Supplementary Deed of Trust of 1972, which provided for sale of Trust property without prior permission of the State Government, is illegal;

(d) The Trust property is situated in different States all over India;

(e) In order to prevent illegal sale of the Khasgi Trust properties, it is necessary to get the properties comprised in Khasgi Endowments entered in revenue records in Bhumiswami rights in the name of Madhya Pradesh State Government and accordingly, the Trust property should be entered in revenue records in the name of the State Government as Bhumiswami;

(f) The Collectors in States out of Madhya Pradesh should also be informed that the properties in their States are owned by the Madhya Pradesh State Government and copies should be endorsed to them for implementation of the Collector’s order;

(g) All Sub-Divisional Officers, Revenue, the Tehsildar, Indore and the Commissioner, Indore Municipal Corporation should make entries as above and report compliance to the Collector.

4. It is contended by the petitioners that the two impugned orders are without jurisdiction. They are not justified by any statutory provision contained in the Madhya Pradesh Public Trusts Act, 1951 (Act No. 30 of 1951) or any other statute. The orders do not state under which provision of which Act they have passed the order. For want of a legitimate source of authority, the impugned orders are without jurisdiction. The orders violate principles of natural justice because no hearing was given before passing the orders on the question whether the Khasgi property is owned by the State Government, whether the trustees of the Khasgi Trust have the right to sell the Trust property and whether the Supplementary Trust Deed was valid. The impugned order of the Collector was also never communicated to the Trust or the Trustees. They came to know about the passing of the said order only when news items about its implementation began to be published in local newspapers. The impugned order is also challenged as being beyond jurisdiction, as the Collector was directed by the Commissioner only to enquire and report and not to issue any directions regarding entries in revenue records or other directions which have virtually brought the Khasgi Trust to an end. The Trustees of the Khasgi Trust have the right to sell properties vesting in the Trust by virtue of clauses of the Trust Deed Annexure P/2 (clauses 3, 5, 9, 12, 14, 15 and 17) and provisions of the Indian Trust Act (sections 3, 36, 37 and 38), which has been made applicable to the Khasgi Trust by express clauses contained in the Trust Deed. Sales of the Khasgi properties were made pursuant to resolutions of all trustees including State Government trustees and Central Government trustee.

5. The respondents have denied all the above contentions. They contend that the properties comprised in the Khasgi Endowments are owned by the State Government, that the sale of the Kushawart Ghat, Haridwar property was without prior sanction of the Registrar of Public Trusts under section 14 of the Madhya Pradesh Public Trusts Act, that the said Act applies to the Khasgi Trust and that the impugned order is within powers vested in the Collector and the Registrar under the Madhya Pradesh Public Trusts Act.

6. The genesis of the Khasgi Trust, which emerges from some documents on the record also needs mention. A Covenant was entered into by the Rulers of Gwalior, Indore and certain other States in Central India for the formation of the United State of Gwalior, Indore and Malwa (Madhya Bharat) in 1948. Article VI (c) of the Covenant provided for vesting of all the assets and liabilities of the Covenanting State in the United State, Article XII provided for private properties of Rulers. A copy of the Covenant has been filed by the respondents as Annexure R/5.

7. Relevant Articles of the Covenant run thus:

Article VI

'(1) The Ruler of each Covenanting State shall, as soon as may be practicable, and in any event not later than the first day of July 1948, make over the administration of his State to the Raj Pramukh; and thereupon-

(a) (b) (Not relevant)

(c) all the assets and liabilities of the Covenanting State shall be the assets and liabilities of the United State;

and'

Article XII

'(1) The Ruler of each Covenanting State shall be entitled to the full ownership, use and enjoyment of all private properties (as distinct from State Properties) belonging to him on the date of his making over the administration .of that State to the Raj Pramukh.

(2) He shall furnish to the Raj Pramukh before the first day of August 1948 an inventory of all immovable properties, securities and cash balances held by him as such private property.'

(SIGNATURES OF SIGNATORIES TO THE COVENANT)

'In confirmation of the above Covenant we append our signatures, on behalf of ourselves, our heirs and successors.

7. Maharaja of Indore.'

'The Government of India hereby concur in the above

Covenant and guarantee all its provisions.

In confirmation whereof Mr. Vapal Pangunnl Menon, Secretary to the Government of India in the Ministry of States, appends his signature on behalf and with the authority of the Government of India.'

8. According to a letter dated 06.05.1949 filed by the respondents as Annexure R3/4, claim was made by Maharaja Yeshwantrao Holkar for inclusion of the Khasgi Endowments in the inventories of his private properties submitted in pursuance of Article XII of the Madhya Bharat Union Covenant. This claim was finally settled on the basis stated in the enclosure to the said letter, which contemplated creation of the Khasgi Trust. According to the enclosure:

'The Trust shall consist of the following:

1. Ruler of Indore who will always be the President of the Trust,

2. Two nominees of the Ruler,

3. One nominee of the Government of India,

4. One nominee of the Madhya Bharat Government,

Note: The trustees nominated by the Government of India and the Madhya Bharat Government shall be so appointed in consultation with the Ruler.'

The above letter also shows that the Central and the State Governments did not lay any claim to ownership of the Khasgi Properties as 'State Properties' and further that the pre-eminent position of the Ruler of the erstwhile Holkar State was recognized even in the Trust to be created at the suggestion of the Government of India.

9. By a letter Annexure P/3 dated 26.05.1959, the Government of India, Ministry of Home Affairs, wrote to the Maharaja as under:

'Your Highness will please recall that at the time of the private property settlement it was decided that for the proper management of Khasgi charities a trust should be created which should include inter alia a nominee of the Government of India. In pursuance of that decision the Madhya Pradesh Government have finalised the trust deed and have asked the Government of India to nominate their representation on the Board of Trustees. The Government of India have decided that Shri S.V. Kanungo should be their nominee on the Khasgi Trust.'

10. Correspondence on record between and around the above dates, which has all been collectively marked as Annexure P/3 and are on pages 60 to 74 shows that the State Government trustees and the Central Government trustees on Khasgi Trust were appointed with the concurrence of the Maharaja, thereby recognizing the Ruler’s preeminent position.

11. The Trust Deed was actually executed on 27.06.1962 by Annexure P/2 = Annexure R3/9 between the Maharani Usha Devi as the Settlor, her husband Shri Satish Chandra Malhotra and late Shri K.A. Chitale as nominees of the Maharani, the Commissioner of Indore Division and the Superintending Engineer (Buildings and Roads) as nominees of the State Government and Shri S.V. Kanungo as nominees of the Central Government.

12. The Khasgi Trust is a religious trust. According to the schedule attached to the Trust Deed, the trust is in regard to the mindboggling number of 246 religious endowments (hereinafter called 'Khasgi Endowments'), mainly Temples, Dharamshalas, Ghats, Chhatries, Bagichas and Kunds and miscellaneous properties in different parts of the country such as Banaras (now Varanasi), Ayodhya, Nemisharanya, Allahabad, Haridwar, Pushkar, Omkareshwar, Pandharpur, Choundhi, Gokarn, Rameshwar, Vrindavan, Burhanpur, Trimbakeshwar, Amarkantak, Nashik, Chandwad Wafgaon, Sambalgaon, Sansthan Chhatri Maheshwar, Indore City and Indore District, Manasa, Rampura, Bhanpura, Alampur, Tarana, Maheshwar and other places. The Khasgi charities and endowments are thus not only in Indore or Madhya Pradesh but in every important centre of religion in different States. This important feature has been noted even in the impugned order of the Collector Annexure P/1.

13. Though the Trust Deed did not prohibit the trustees from selling, leasing or otherwise transferring the trust property, which had been specially vested in the Trust by the Gazette Notification dated 2.07.1962 Annexure P/4, yet the trustees decided to refer the said question of their right to sell the trust property to the State for its clarification. After consultation with the Law Department, the State Government wrote back through the Chief Secretary, Government of Madhya Pradesh vide a letter dated 13.06.1969 Annexure P/6 to say that:-

'The Law Department was consulted in the matter and, according to their opinion, Government do not come into the picture and, therefore, the question of according any sanction for the intended transfer by sale of any item of Trust Property does not arise'.

14. Despite the clarification in the above letter, the Trust Deed was amended by the Trustees by a Supplementary Trust Deed dated 08.03.1972 Annexure P/7 to the petition, specifically conferring the power to transfer trust property on the trustees. The Supplementary Trust Deed has been signed by all trustees including the State Government and the Central Government Trustees and has been registered.

15. It is obvious from the Schedule attached to the Khasgi Trust, the enormous number of Khasgi Endowments and the widely spread locations of these endowments, that the Collector, Indore or the Registrar of Public Trusts, Indore or even the Government of the State of Madhya Pradesh cannot physically manage all the Khasgi Endowments and their sound management requires special treatment rising above the easier and lesser important question of legality of the impugned orders Annexure P/1 of the Collector and Annexure P/23 of the Registrar of Public Trusts.

16. The present arrangement under the Khasgi Trust according to the Trust Deed dated 28.06.1962 is, as stated above, a Board of six trustees, two State Government trustees being ex-officio the Commissioner, Indore Revenue Division and the Superintending Engineer (Building and Roads), Indore, one nominee of the Central Government, the Settlor ex-Maharani Usha Devi and her two nominees. On account of (a) the complaint by the Member of Parliament, (b) the response to it by the State Government and the Collector by the chain of correspondence mentioned above and (c) the impugned orders of the Collector and the Registrar, it is obvious that the management of the trust in the present system can no longer be smooth and harmonious without either legislative or judicial intervention and a balanced approach by all the private and public parties involved. It is clear that the crisis is extra-ordinary and consequently requires an extra-ordinary treatment and solution. A mere order of this court quashing or upholding the impugned orders of the Collector and the Registrar of Public Trusts will not be in wider public interest and a constructive approach is required.

17. During the course of hearings, this Court elicited information from advocates of the petitioners about the working of the trust. The basic requirement of management of any such trust is that its decisions should be taken at formally convened meetings, of which proper record is maintained.

18. Since the Khasgi Endowments are in different places, this Court called information about employees working at different places under the trust. A summary and a detailed list of 86 employees working at different places under the trust has been placed on the record as Annexure P/17. This list includes detailed administrative set up including name of every employee at different places and his designation. According to a note which has been placed on the record by the petitioners as Annexure P/18, the administration of the trust and its properties is as under:

'For day to day functioning of the Trust effectively, besides the Trustees and the Executive Trustee, there is a proper administrative set up and budget.

The staff is located at various locations, as per the list (employees working under Trust). Likewise at smaller towns around the place of postings, the properties are monitored by the subordinate staff. The system is functional ever since the Trust has come into existence. In fact, the present system may be said to be in continuity of the system which was followed during Holkar times. Though the trust is not aware of the system which was followed in the intervening period from 1949 to 1962, when the Trust properties were managed directly by the State Government, it may be stated. that the Trust had encountered a lot of difficulty in regaining control of several properties which in the nterregnum had come to be controlled by undesirable elements. It is thus evident that the present model of management of trust properties has been effective, though the trustees constantly endeavour to improve the administration of the trust properties and for this purpose would welcome any suggestion or model which makes the management of the trust properties even more effective.

As regards the temples, those in the main towns, are managed directly by the delegated staff, whereas the smaller temples are taken care of at all locations by Pujaris who were appointed during the Holkar times and have looked after the temples for generations now. During Holkar times they were also given 'Nemnuk' which has now become a nominal symbolic hereditary payment. In fact, the payment is so small that some of the pujaries have ceased to claim the same and rely only on the agricultural lands which had been given to them for the maintenance of the Temple and their families. As such, the temples are not a burden on the finances of the Trust though the Trust takes action for protection, realization etc. of the trust properties whenever and wherever necessary.'

19. This Court is satisfied that there is apparently adequate administrative set up at present in the Khasgi Trust, though improvement is always possible with stronger financial support and should be carried out after the system in pursuance of this order is implemented.

20. Upon the directions of this Court, details of income and expenditure of the Khasgi Trust from 2000 to 2013 have been placed on record as Annexure P/19. The heads of the income are (a) fixed annuity of Madhya Pradesh Government of Rs.2.91 lakhs, (b) income from temples/rents/leases, (c) donations and (d) interest.

21. The petitioners have also filed as Annexures P/20, P/21 and P/22 lists of donations made by Maharani Usha Devi, Devi Ahilyabai Holkar Educational Trust, Shri Satish Chandra Malhotra and concerns of Shri Satish Chandra Malhotra from 2005 to 2013.

22. It seems from the above details that in the initial years from 2000 to 2007, the expenditure sometimes exceeded or was almost equal to income. After year 2008, the income has become relatively more comfortable, though certainly not flushed with funds, compared to the expenditure.

23. Copies of the audited balance sheets of the Trust from 2007 to 2013 have been filed as Annexures P23 to P/29. The balance sheets have been audited by R.D. Joshi & Company, Chartered Accountants, Shiv Vilas Palace, Rajbada, Indore.

24. The broad purport of the impugned order of the Collector and the Registrar of Public Trusts is that the Government owns the Khasgi Endowments, the State Government should have control over the affairs of the trust, the name of the State Government should be entered in the revenue and municipal records and the properties comprised in the Khasgi Endowments should not be alienated.

25. In the opinion of this Court, the Collector, Indore, the Registrar of Public Trusts, Indore and the State Government cannot and should not undertake the task of management of the Khasgi Endowments on account of its substantially extra-territorial nature and the large number, age and condition of the Khasgi Endowments. This task is quite different from normal governmental functions. The impugned orders of the Collector and the Registrar do not substitute for the Khasgi Trust any system of management of the Khasgi Endowments superior to the Khasgi Trust. In fact they create a vacuum and a state of uncertainty in the management of the Khasgi Endowments. Record reveals that after the death of Shri K.A. Chitale, who was the trustee and passed away on 15/11/82, Shri Ranjeet Malhotra S/o Shri Satish Malhotra was appointed as Trustee, who resigned on 03/01/13. Thereafter Hon'ble Justice P.D. Muley (Retd.) was appointed as trustee vide resolution passed in October, 2013. So far as representative of Central Government is concerned, initially Mr. SV. Kanungo, Member of Public Service Commission of India was the Trustee. After him Mr. PS. Bapna was appointed as Trustee and thereafter Mr. BJ. Heerji is the Trustee in the capacity of representative of Union of India. Thus, at present following persons are the Trustee:-

i. Maharani Usha Devi

ii. Shri Satish Malhotra

iii. Hon'ble Justice P.D. Mule, (Retd.)

iv. Revenue Commissioner, Ex-officio

v. Superintendent Engineer (Road & Building), Ex-officio

vi. Mr. BK. Heerji (representative of Central Government)

26. Considering the totality of the above facts, in the opinion of this Court, Khasgi Trust should continue to manage the Khasgi Endowments subject to the directions contained in this order.

27. For making permanent arrangement for the administration of the Khasgi Endowments, this Court directs as under:

PARLIAMENTARY LEGISLATION:

In view of the fact that the Trust Endowments are not confined to the District of Indore or even the State of Madhya Pradesh and most important endowments are outside the State, the Central Government, which has been impleaded as respondent No. 4 in the present case, is requested to consider a Parliamentary Legislation. For this legislation, the respondent No. 8, who is nominee of the Union of India and the Member of Parliament upon whose complaint impugned orders were passed, are requested to take the initiative.

STATE LEGISLATION:

If the Central Government is not in a position to initiate the process of enactment of a Parliamentary statute within the period of one year, the State Government may initiate steps for enactment of legislation by the State Legislature

MANAGEMENT OF KHASGI TRUST IN THE MEANTIME:

28. In the meantime, until an Act of the Central or the State Legislature is enacted, this Court issues following directions:

1. The Khasgi (Devi Ahilyabai Holkar Charities) Trust, as constituted by the Trust Deed dated 27.06.1962, shall continue to function as in the past but subject t o the directions contained in this order.

2. The Khasgi Endowments are Temples, Dharamshalas, Ghats, Chhatries, Bagichas, Kunds and miscellaneous properties. They are situated in different parts of the country. They are essentially religious in nature. As such, they are in public domain and shall continue to remain in the public domain. Neither Maharani Usha Devi nor any other Trustee nor the State Government shall claim ownership of the Khasgi Endowments.

3. The Trustees of the Khasgi Trust shall, as a body, manage the Khasgi Endowments.

4. Maharani Usha Devi shall, as in the past, have the liberty to nominate two persons as trustees of the Khasgi Trust. At present her two nominees Mr. Satish Malhotra and Hon'ble Justice P.D.Mule (Retd.) are the Trustee.

5. In addition to the trustees appointed under the Trust Deed dated 27.06.1962, His Excellency the Governor of Madhya Pradesh is requested to be the Patron and is further requested to appoint two eminent non-political and non-governmental citizens of Indore with unblemished record of public service as trustees.

6. This Court appoints Smt. Sumitra Mahajan, Member of Parliament, Lok Sabha in person and not ex-officio Shri A.K. Chitale, Senior Advocate, Shri Yashwant Rao s/o Prince Richard @ Shivajirao Holkar and Shri Ranjeet Malhotra S/o Shri Satish Chandra Malhotra as trustees, subject to their accepting responsibilities of this office and for effective working of the trust Collector, Indore in place of Superintending Engineer (Building & Roads) as Nominee of the State Government. Thus, after reconstitution the Board of Trustees subject to their acceptance shall be as under:-

(i) Smt. Usharaje Malhotra – President.

(ii) Shri Satish Chandra Malhotra.

(iii) Hon'ble Justice P.D. Mule, (Retd.).

(iv) Shri AK. Chitale, Senior Advocate.

(v) Smt. Sumitra Mahajan, Member of Parliament, Indore.

(vi) Shri Yashwantrao S/o Prince Richard @ Shivajirao Holkar.

(vii) Revenue Commissioner, Indore, Ex-officio.

(viii) Collector, Indore.

(ix) Shri B.J. Heerji, Representative of Union of India.

7. Henceforth the named trustees by majority shall be at liberty to appoint trustee in case vacancy arises.

8. The religious properties comprised in the Khasgi Endowments shall never be sold.

9. If there is pressing need of selling or leasing any part of the Khasgi Endowments which is not being used or which is not capable of being used for actual religious purpose (hereinafter called 'general properties') it may be sold or leased only by a unanimous resolution of the Trustees. The procedure followed for the sale shall be transparent and shall be laid down by a resolution of the Trustees passed at a formal meeting of the Trust at which the proposed sale shall be a specific item of the agenda.

10. Maharani Usha Devi and Shri Satish Chandra Malhotra have been providing financial support to the Khasgi Trust in the past. They are free and are requested to continue to provide such financial support as they wish, in future also.

11. Clause 10 of the Trust deed provides that the Settlor in her capacity as president of the Trust shall be entitled to appoint any person as her duly constituted Attorney, to do all acts, deeds and things of ministerial nature. The Trustees may appoint a Secretary by a special resolution and confer on him such powers and authorities as the Trustees may deem fit.

12. The State Government has so far been providing a fixed sum of Rs.2,91,000/- per year to the Khasgi Trust. This amount was fixed on the basis of Budget of Holkar State of the year 1947-48 for charities. This amount is now no longer adequate. The State Government shall henceforth shall make a provision in the budget for Khasgi Trust which should not be less then one crore every year keeping in view the maintenance of valuable properties of the trust and the fact that a sum of Rs.2.91 lac was fixed in the year 1947-48. This payment must be made well before 31st March of every year.

13. Though the fixed annuity of the State Government is only of Rs.2,91,000/-, the State Government has appointed a retired State Government Officer on a monthly remuneration of Rs.30,000/-, that is Rs.3,60,000/- per year, as Officer on Special Duty. This remuneration is being paid from funds of the Khasgi Trust. This payment by the Khasgi Trust must be and is stopped by the end of this year. This office of the Officer on Special Duty and the payment may be continued only if (a) the State Government bears the financial burden and assigns specific duties and responsibilities to the Officer on Special Duty and (b) the trustees of Khasgi Trust accept such an Officer on Special Duty.

14. Since the issue has been raised by the Member of Parliament, a hope is expressed that she will provide at least Rs.5,00,000/- per year to the Khasgi Trust well before 31st March of every year from the funds of Member of Parliament. A copy of this order may be sent by the Registrar to her.

15. The revenue and municipal records regarding the Khasgi Endowments may be got corrected and entered in the name of the Khasgi Trust.

16. The Trustees may request the Indian Institute of Management, Indore to study the present system of management of the Khasgi Endowments and suggest improvements.

17. The earlier transactions of transfer by the Trust which were supported by proceedings of the trustees shall not be reopened.

18. Audit of the accounts of the Khasgi Trust shall be got done by the present auditors Messrs R.D. Joshi & Company. The State Government may get a second audit conducted by independent recognized chartered accountants but their fee and cost shall be borne by the State Government.

19. The meeting of the Trust shall be held on regular basis and at least once in three months. To give immediate effect, Collector, Indore is requested to hold the first meeting at his Office forthwith. So that reconstituted Board of Trustees of petitioner Trust become functional and consent can be obtained from the Trustees appointed under the orders of this Court.

29. For safety, preservation and management of jewellery and ornaments in temples and other places of the Khasgi Trust, the following directions are given:

1. Detailed lists may be made of gold, silver and precious stone jewellery, ornaments, Puja implements, Murtis and ancient idols and things, monuments and sculptures in temples and other places in Khasgi Endowment (hereinafter called the 'Khasgi Trust Precious Articles');

2. These lists may be converted into proper bound and paged register/s;

3. For preparing these lists and the register/s, the Secretary or his representative and a responsible officer of Khasgi Trust should visit the various places where the Khasgi Trust Precious Articles are kept.

4. Panchnamas may be made of the Khasgi Trust Precious Articles at every place, dated and attested by at least two Panchas, one of whom should be a Government approved jewellery valuer;

5. The Collector in whose jurisdiction the Khasgi Trust Precious Articles are located m

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ay be requested to depute an officer of his Collectorate to be present at the time of preparation of the Panchnama. If a Collector outside Madhya Pradesh does not, cannot or refuses to depute an officer, the procedure indicated earlier may nevertheless be carried out. 6. Valuation may be done of the Khasgi Trust Precious Articles by the government approved jewellery valuer. 7. After the Panchnamas are made, the Khasgi Trust Precious Articles may be kept in a bank locker or in a Godrej Safe embedded in the temple or other places at a safe location not accessible to public. 8. Access to the Khasgi Trust Precious Articles may be provided only jointly to (a) the local Pujari or Manager of the temple or other place and (b) a person specially authorized by the Trustees and only on the occasion of Pujas, ceremonies or other occasions according to past practice. 9. Lists of the Khasgi Trust Precious Articles may be placed before the trustees and their further resolutions for safety, preservation and management the Khasgi Trust Precious Articles may be obtained and followed at all times. 10. The Trustees may lay down proper procedure and pass resolutions in order to facilitate the removal of the Khasgi Trust jewellery on special occasions for Pujas and ceremonies and putting them back safely. 11. Photographs of every individual item of Khasgi Trust Precious Articles at appropriate angles may be taken and put in the safes where the Khasgi Trust Precious Articles would be kept and in the permanent record about the Khasgi Trust Precious Articles. These photographs may be signed by the person making the Panchnamas and the Panchas and put in sealed covers and the sealed covers may be similarly signed and dated. 12. This exercise shall be completed within three months. 30. Properties of Khasgi Trust are situated at a large number of locations. Some of these properties may be capable of yielding income or higher income. The Trustees may carry out inspection of the properties and make a report about better exploitation of their potential for earning maximum possible income. The trustees of the Khasgi Trust should thereafter take all possible steps for increasing income, without selling the properties. 31. So far as two impugned orders concerned, this Court finds are as under:- (a) these two officers do not have any judicial power; (b) they have purported to exercise judicial power in passing the impugned orders; (c) the impugned orders have been passed without compliance with principles of natural justice; (d) section 26 of the Madhya Pradesh Public Trusts Act contemplates a reference to the court in the event of a dispute requiring adjudication; (e) the impugned orders were never communicated to the petitioners and the other trustees. 32. Since the impugned orders Annexure P/1 & P 23 are without jurisdiction, therefore, the same stand quashed. Petition stands allowed with the direction herein above. Parties are given liberty to seek directions of this court in case of need. Copy of the order be given to the parties for immediate compliance.
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