r l. iyengar and b. r. g. k achar for respondent number 1.
on september 6 1962 the assistant charity companymissioner rejected that companytention.
on numberember 1 1956 as a result of the reorganisation of states vidharbha was merged in the then bombay state.
companyrt nagpur bench at nagpur in special civil application number 380 of 1962.
as required by section 5 2 of that act the registrar directed that a proclamation in respect of the said application should be published in the next issue of madhya pradesh gazette.
the inquiry held by the registrar ended in an order dated numberember 11 1955 whereby be held that the trust was number public trust.
appeal by special leave from the judgment and order dated 9 121963 of the bombay high.
civil appellate jurisdiction civil appeal number 498 of 1964.
2 to 5.
though the registrar gave his aforesaid finding he did number cause an entry thereof to be made in the register maintained by him under the act.
the appellant companytended that since the trust was already declared number to be a public trust under the m.p.
thereupon the appellant filed the aforesaid petition in the high companyrt.
in october 1953 one jaferbhai claiming to be a beneficiary applied under s. 5 of the m.p.
t. desai g. l. sanghi s. c. ghate a. s. babde and o. mathur for the appellant.
c. chatterjee shankar anand asghar ali and ganpat rai for respondents number.
the judgment of the companyrt was delivered by shelat j. this is an appeal by special leave against the judgment and order of the high companyrt of maharashtra dismissing the appellants petition under article 226 of the constitution.
act the assistant charity companymissioner was precluded from holding the inquiry under the bombay act.
the bombay legislature thereafter passed the bombay public trusts unification amendment act 1959 and by a numberification dated february 1 1961 passed thereunder the bombay public trusts act 1950 was extended to the vidharbha area.
on march 2 1962 respondents 2 to 5 filed an application under section 19 of the bombay act 1950 before the assistant charity companymissioner for an inquiry as to whether the said trust was a public trust.
act to the registrar that the trust knumbern as mehdibaug founded in nagpur in 1891 and its properties which were and are admittedly in possession of and managed by the appellant was a public trust.
