Held that a petition alleging unauthorized sale of trust property is not maintainable as PIL since the Trust is a juristic person and no trustee raised the grievance, despite the petitioner's public spiritedness claim.
Writ petition dismissed.
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WPMB NO. 337 OF 2002
Hon. P.C. Verma, J. Hon. Irshad Hussain, J.
Heard Sri Lok Pal Singh, learned counsel for the petitioner.
The petitioner claims himself to be a public spirited person. He has raised a grievance through this writ petition that the property of the Trust has been sold by the tenant. None of the trustees have come forward to raise this grievance. The property belongs to Trust, which is a juristic person. It cannot be said that the protection of the Trust property is a public interest. Therefore, the petition in the garb of Public Interest Litigation is not maintainable.
The petition is dismissed accordingly.
Dt. 22.07.2002 (Irshad Hussain, J.) A (P.C. Verma, J.)
1 issue framed by the court
Whether a writ petition claiming harm to trust property is maintainable as Public Interest Litigation when no trustee raises the grievance.
Petitioner
Trust
P.C. Verma
Irshad Hussain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
