Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | MP. Public Trust Act 1951 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | MP. Public Trust Act, 1951-Sections 4, 5, 7, 8, 26(2) and 27--Application for registration of a temple as public trust-later withdrawn andthe temple declared as private property-Second application by another personfor registration of temple as different public trust-Temple declared as such-later, records amended showing the temple as private property-Applicationbefore Registration proper management of the trust properly-Registrar m~ereference u!s 26(2) to Court for adjudication of validity of order amending therecords-Amendment of Records held not valid by the Court-Appeal againstorder of Court under the Act dismissed-Writ petition challenging the orderof reference and order of the Court-Petition allowed by Single Judge of HighCourt taking the view that order declaring the temple as public trust was dueto clerical mistake and relied on inquiry report of SDO in the first applicationfor registering the temple as public trust-Order of Single Judge upheld byDivision Bench-On appeal, held: The order declaring the temple as publictrust was not on account of clerical mistake-The same having become final,it was not open to Registrar to correct the records, as the only remedy againstit was a civil suit-Report of SDO in the first case having not been concludedin view of withdrawal application, cannot form basis of finding of High Court-Writ petition not liable to be entertained since the remedy of statutory appealbefore High Court had already been availed and had attained finality.Constitution of India, 1950-Articles 226 and 227-Jurisdiction under-Scope of-In 1he event of availability of alternate statutory remedy-Held:When o statute provides a remedy or procedure for enforcing the right orliability, resort must be had to that particular remedy before seekingdiscretionary remedy under Article 226-However, High Court can exercisethe jurisdiction notwithstanding existence of alternative remedy where theauthority taking action lacks complete jurisdiction, or there is violation offundamental right or principles of natural justice or where the authority actedunder the provision of law which is ultra Vires. |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2003 INSC 191 |
Petitioner | Seth Chand Ratan |
Respondent | Pandit Durga Prasad (d) By Lrs. And Ors. |
SCR | [2003] 3 S.C.R. 75 |
Judgement Date | 2003-03-28 |
Case Number | 5565 |
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