Dismissed

Shri Sonana Khetla Ji (Shri Kshetrapal Ji) v. Assistant Commissioner

Rajasthan HC8 Jul 2021WRW/57/2020

Case brief

AI extract

What is this about?

High Court of Rajasthan in Jodhpur disposed of a review petition. The court clarified that prior observations stating a private trust dispute lacks a public law element for Article 226 jurisdiction are not conclusive and do not bind parties in civil litigation, dismissing the review.

What did the court decide?

Review petition dismissed; observations in impugned order clarified as non-conclusive for civil proceedings.

Shri Sonana Khetla Ji (Shri… — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Review Petition (Writ) No. 57/2020

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Shri Sonana Khetla Ji (Shri Kshetrapal Ji), Trust Committee Sarangwas, Post Aana, Tehsil Desuri, District Pali Through Its Secretary, Gautam Kumar S/o Shri Jovat Ram Ji, Aged 56 Years, By Caste Raval, Resident Of Village Aana, Tehsil Desuri, District Pali (Raj.). and

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Karan Singh Mertia S/o Shri Ugam Singh Ji Mertia,, Aged About 55 Years, Resident Of Chanod, District Pali (Raj.). President, Shri Sonana Khetla Ji (Shri Kshetrapal Ji) Trust, Trust Committee, Sarangwas, Post Aana, Tehsil Desuri, District Pali.

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----Petitioners

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Versus

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Assistant Commissioner, Devsthan Department, Neni Baiji Ka Mandir, Udaimandir, Jodhpur.

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Shri Sonana Khetlaji Trust, Trust Committee Sarangwas, Post Aana, Tehsil Desuri, District Pali Through Its President Ganpat Singh S/o Kesar Singh, Aged About 62 Years, By Caste Rajpur, President Of Balrai, Tehsil And District Pali (Raj.).

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Ganpat Singh S/o Kesar Singh, Aged About 62 Years, By Caste Rajput, Resident Of Balrai, Tehsil And District Pali (President Of Shri Sonana Khetlaji) (Shri Kshetrapal Ji) Trust.

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Mahesh Singh S/o Himmat Singh, Aged About 48 Years, By Caste Charan, Resident Of Itendra Charan, Tehsil Rani, District Pali (Secretary, Shri Sonana Khetlaji (Shri Kshetrapal Ji) Trust.

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Khartaram S/o Shri Bheraji, Aged About 42 Years, By Caste Meghwal, Resident Of Sonana, Tehsil Desuri, District Pali (Treasurer, Shri Khetlaji (Shri Kshetrapal Ji) Trust.

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----Respondents

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For Petitioner(s)	: Mr. Chaitanya Kumar Gehlot
For Respondent(s)	: ---

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(2 of 2)

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[WRW-57/2020]

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HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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08/07/2021

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Heard learned counsel for the applicant.

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Delay in filing the review application is condoned.

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The application stands disposed of.

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Learned counsel for the applicant sought review of the order dated 02.08.2019 by which while dismissing the special appeal and granting liberty to seek appropriate remedy in accordance with law, the Court has observed as follows:

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“This Court sees no order that is prejudicial to either party. There does not appear to be any public law element in the nature of the dispute so as to attract jurisdiction of the Court under Article 226 of the Constitution; concededly, the Trust is entirely private. Merely because it is subjected to the regulatory control of the State or its department, would per se not render the functioning of the Trust subject to judicial review under Article 226. Inter-se disputes and any dispute touching upon the management of the Trust are proper subject matter of civil proceedings. In the circumstances, it is open to the concerned aggrieved parties to seek appropriate remedies in accordance with law.

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The appeal is accordingly disposed of in the above terms.”

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We make it clear that the observations mentioned above shall not be deemed to be conclusive as far as the nature of the Trust is concerned and the same will not bind the parties in the pending litigation before the civil court.

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With the above observation, the review petition is dismissed.

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(VINIT KUMAR MATHUR),J

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(INDRAJIT MAHANTY),CJ

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59-MohitTak/-

Shri Sonana Khetla Ji (Shri Kshetrapal Ji) v. Assistant Commissioner

Case brief

What is this about?

What did the court decide?

Shri Sonana Khetla Ji (Shri Kshetrapal Ji) v. Assistant Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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