The High Court of Rajasthan dismissed the C.S.A. petition challenging the Commissioner's order under Section 20 of the Rajasthan Public Trust Act, 1959, holding there was no just reason to interfere.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1476/2014 (JOGESHWAR GARG & ORS. V/S STATE OF RAJ. & ORS. ) ***
DATE OF ORDER
02.02.2015
HON'BLE MR. GOVIND MATHUR, J HON'BLE MISS JAISHREE THAKUR, J
Mr.Rajesh Shah for the appellants. Mr.T.S.Champawat for the respondents.
To question correctness of the judgment dated 24.09.2014, this appeal is preferred. By the judgment impugned, the learned Single Bench refused to interfere with the order passed by the Commissioner, Devsthan , Udaipur exercising authority under section 20 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as the 'Act of 1959'). It is pertinent to note that the Assistant Commissioner, Devsthan, Jodhpur while exercising powers under section 17 of the Act of 1959 registered the public trust appointing the appellantspetitioners as its trustees. A challenge to the same was given by the respondents Amar Singh, Bhawani Shanker, Hari Singh and Gram Kaniwara, Hanuman Mandir Vikas Seva Samiti, Kaniwara by way of filing an appeal before the Commissioner, Devsthan, Udaipur. The Commissioner accepted the appeal and remanded
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the matter to the Assistant Commissioner, Devsthan, Jodhpur to reconsider the entire issue by keeping in view larger interest of the residents of people of village Kaniwara. The learned Single Bench looking to the facts and scope of authority under Article 226 and 227 of the Constitution of India did not choose to interfere with the order passed by the Commissioner, Devsthan, Udaipur.
It is submitted by the learned counsel for the appellants while pressing this appeal that the appellants are maintaining the temple and as a matter of fact, the temple is of their own caste i.e. 'Garud Samaj'.
The learned counsel for the respondents on the other hand, pointed out that as a matter of fact, the Assistant Commissioner, Devsthan, Jodhpur as a consequence to the remand order has already decided the application preferred under section 17 of the Act of 1959 afresh vide order dated 17.12.2014 and appellants-petitioners have already challenged the same by way of filing an appeal as per section 20 of the Act of 1959. The fact about disposal of the application under section 17 afresh and filing of the appeal before the Commissioner, Devsthan, Udaipur has not been disputed by the learned counsel for the appellants.
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Having considered the same, we do not find any just reason to entertain this appeal on merits. Accordingly, the same is dismissed. However, it is made clear that the Commissioner, Devsthan, Udaipur while considering the appeal preferred by the appellants as per section 20 of the Act of 1959 shall not be impressed in any manner by the fact of dismissal of the writ petition by the appellants-petitioners vide order dated 24.09.2014.
The appeal is dismissed accordingly.
[JAISHREE THAKUR],J. [GOVIND MATHUR], J.
Anil Singh
1 issue framed by the court
Whether the High Court should interfere with the order of the Commissioner refusing the appellants' petition under Section 20 of the Rajasthan Public Trust Act, 1959.
2 provisions across 2 enactments
JOGESHWAR GARG & ORS.
STATE OF RAJ. & ORS.
GOVIND MATHUR
JAISHREE THAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
