Disposed

Achal Gachh Jain Shweatamber Trust Bhinmal v. State of Rajasthan

Rajasthan HC16 Nov 2022CW/3692/2022

Case brief

AI extract

What is this about?

The High Court disposed of connected writ petitions and a contempt petition concerning an electoral dispute within a registered public trust. It ordered the State to appoint an independent authority, excluding Jodhpur and Udaipur officials, to conduct a fresh, transparent inquiry under the Public Trust Act within three months.

What did the court decide?

Direction to appoint an independent authority to adjudicate the election dispute under Section 23 of the Public Trust Act within three months, ensuring a fresh hearing without prejudice.

Achal Gachh Jain Shweatamber Trust Bhinmal… — Pension and Retirement Benefits | Rajasthan HC (2022)

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(1 of 9)

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[CW-9397/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 9397/2022

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Shri Shailesh D. Vardhan S/o Devi Chand Vardhan, Aged About 52 Years, Working Trustee Cum In-Charge Sri Achal Gachh Jain Shweatamber Trust Ganesh Chowk Bhinmal, Tehsil Bhinmal And District Jalore.

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Ashok Sanghvi S/o Shri Jeth Mal Sanghvi, Aged About 54 Years, Working As President Sri Achal Gachh Jain Shweatamber Trust Ganesh Chowk Bhinmal, Tehsil Bhinmal, District Jalore.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary Department Of Devasthan, Government Of Rajasthan Jaipur.

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Commissioner, Devasthan Department, Udaipur.

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Deepika Kumari Meghwal, Assistant Commissioner (Headquarter), Devasthan, Udaipur.

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Mohan Lal Seth S/o Shri Janwat Seth, Resident Of Bhinmal, Tehsil Bhinmal, District Jalore.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 16991/2021

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Achal Gachh Jain Shweatamber Trust, Through Its Trustee Shri Shailesh D. Vardhan S/o Devi Chand Vardhan, R/o Bhinmal, Tehsil And District Jalore.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Department Of Devasthan, Government Of Rajasthan, Jaipur.

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Commissioner, Devsthan Department, Udaipur.

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Assistant Commissioner (Devasthan), Udaipur.

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Assistant Commissioner (Devasthan), Jodhpur.

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Deepika Meghwal, Assistant Commissioner (Headquarter), Devasthan, Udaipur.

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Mohan Lal Seht S/o Shri Janwat Seth, Bhinmal, Tehsil Bhinmal, District Jalore.

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----Respondents

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S.B. Writ Contempt No. 628/2022

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Achal Gachh Jain Shweatamber Trust, Through Its Trustee Shri Shailesh D. Vardhan S/o Devi Chand Vardhan, Aged About 52 Years, R/o Bhinmal, Tehsil And District Jalore.

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----Petitioner

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Versus

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Deepika Meghwal, Assistant Commissioner (Headquarter),

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[CW-9397/2022]

Devasthan, Udaipur.

Assistant Commissioner (Devasthan), Udaipur.

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Commissioner, Devsthan Department, Udaipur.

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Karan Singh, Commissioner Devasthan Department, Udaipur.

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Mohan Lal Seht, Bhinmal, Tehsil Bhinmal, District Jalore. 6. State Of Rajasthan, Through Secretary Department Of Devasthan, Government Of Rajasthan, Jaipur.

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----Respondents

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S.B. Civil Writ Petition No. 3692/2022

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Achal Gachh Jain Shweatamber Trust Bhinmal, Through TrusteeCum-Charge Shri Shailesh D Vardhan S/o Devi Chand Vardhan, Aged About 52 Years, Resident Of Bhinmal, Tehsil And District Jalore.

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----Petitioner

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Versus

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State Of Rajasthan, Through Secretary Department Of Devasthan, Government Of Rajasthan, Jaipur

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Commissioner, Devasthan Department, Udaipur.

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Assistant Commissioner (Devasthan), Udaipur.

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Deepika Meghwal, Assistant Commissioner (Headquarter), Devasthan, Udaipur.

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Mohan Lal Seth S/o Shri Janwat Seth, Resident Of Bhinmal, Tehsil Bhinmal, District Jalore.

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Station House Officer, Police Station Bhinmal, District Jalore.

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----Respondents

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S.B. Civil Writ Petition No. 8022/2022

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Ashok Singhvi S/o Shri Jeth Mal Sanghvi, Aged About 54 Years, Working As President Sri Achal Gachh Jain Shweatamber Trust Ganesh Chowk Bhinmal, Tehsil Bhinmal, District Jalore.

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Shri Shailesh D. Vardhan S/o Devi Chand Vardhan, Aged About 52 Years, Working As Trustee-Cum-Incharge Sri Achal Gachh Jain Shweatamber Trust Ganesh Chowk Bhinmal, Tehsil Bhinmal, District Jalore.

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----Petitioners

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Versus

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State Of Rajasthan, Through Secretary Department Of Devasthan, Government Of Rajasthan, Jaipur.

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Commissioner, Devasthan Department, Udaipur. 3. Deepika Kumari Meghwal, Assistant Commissioner (Headquarter), Devasthan, Udaipur.

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Mohan Lal Seth S/o Shri Janwat Seth, Bhinmal, Tehsil Bhinmal, District Jalore.

----Respondents

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[CW-9397/2022]

For Petitioner(s) For Respondent(s)

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: Mr. Moti Singh : Mr. Sandeeh Shah, Sr. Advocate & AAG a/w Ms. Akshiti Singhvi Mr. CS Kotwani Mr. Falugn Buch

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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16/11/2022

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The present petitioners in the connected writ petitions, except the writ contempt no.628/2022, have approached this Court assailing certain orders passed by the Commissioner, Udaipur alleging that such orders have been passed without affording them an opportunity of hearing, and pray for a direction to this regard alongwith a direction for fair and impartial inquiry. Furthermore, it is also prayed that such inquiry be conducted by any competent authority other than the Commissioners, at Udaipur and Jodhpur.

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Learned counsel for the petitioner submits that basically it is a dispute regarding a registered Public Trust, which is a historical Shanitnath Jain Temple Bhinmal and the same is controlling and managing by the trust constituted by order dated 21.07.1987 passed by Assistant Commissioner, Devasthan Department, Jodhpur. The Trust has been registered under Section 19 of the Rajasthan Public Trust Act, 1959.

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Learned counsel for the petitioner submits that the governing body got into an election dispute and due to that, the electoral process was hampered. Learned counsel for the petitioner claims that an independent and transparent selection process was

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(4 of 9)

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[CW-9397/2022]

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conducted by the present petitioner whereas the respondent no.6 created a parallel process of election.

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Learned counsel for the petitioner, after making the submissions on merits, has consolidated his apprehension as follows :

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a) The challenge to the electoral process, which is under contest between both the parties, is not being conducted strictly in accordance with law.

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b) The electoral process conducted by the petitioner was correct in the eye of law.

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c) The opportunity of hearing including the cross-examination and certain other opportunities have been denied to the petitioner.

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d) An independent authority of the State which should neither be from Jodhpur nor from Udaipur and be asked to complete the proceedings under Section 23 of the Public Trust Act within a time-bound manner.

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Learned counsel for the respondent no.6 fairly agrees to the proposition that the matter shall be decided by an independent authority, which shall neither be of authority of Jodhpur nor be of Udaipur, but shall decide the proceedings strictly in accordance with law in a fixed time-frame.

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Mr. Sandeep Shah, learned Sr. Advocate & Additional Advocate General alongwith Ms. Akshiti Singhvi submits that State is prepared to give a transparent and equitable hearing to both the parties and decided afresh after taking care of the apprehension, which has been raised before this Court today.

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Learned Additional Advocate General has also provided the

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list of dates and events on behalf of the respondents, which reads as follows :-

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"In S.B. Civil Writ Petition No.16991/2021

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Date	Pa	An	Particulars.
	ge No .	ne x.
26.06. 2021	69	15	Decision of executive committee to hold General body meeting on 02.10.2021
02.10. 2021	71	16	General body meeting - -Decision to appoint Ghanshyam Seth as Election officer -decision to hold elections -executive committee dissolved.
01.10. 2021	20 0	1	(of Reply by private respondent) Order in appeal setting aside order removing Mohan Lal Sethfrompost of Trust Secretary
11.10. 2021	75	17	Newspaper publication regarding election on 14.11.2021.
12.10. 2021			Complaint by private respondent regarding meeting dated 02.10.2021.
12.10. 2021	78	18	Letter by Asst. commissioner, Jodhpur to Commissioner, Udaipur stating he does not have copy of proceedings in appeal regarding order dated 01.10.2021
16.10. 2021	79	19	Newspaper notice publication by private respondent for general body meeting on 24.10.2021
22.10. 2021	83	22	Letter by Suresh Kumar Seth for complaint against Deepak Dave.
22.10. 2021	21 6	4	(of Reply by private respondent) Report by Devasthan Inspector, Deepak Dave stating that meeting on 02.10.2021 was not held in Bhinmal.
*25.10.* *2021*	85	23	*Letter by Commissioner to Asst. Commissioner, Jodhpur* to *personally look at the matter of elections since there is* *dispute.* *(however, there was no instruction to conduct or oversee* *the* *elections on 14.11.2021)*
*26.10.* *2021*	87	24	*Asst. Commissioner, Jodhpur to SDO Jalore directing* *SDO to ensure seamless conduct of elections since he* *has been directed by Commissioner for same. (however,* *no such instructiongiven by Commissioner)*
29.10. 2021	88	25	Commissioner to Asst. Commissioner, Jodhpur to inquire into the dispute.
08.11. 2021	89	26	Commissioner to Asst. Commissioner, Jodhpur to inquire into the dispute in light of report by Devasthan Inspector, Deepak Dave.
*09.11.* *2021*	92	27	*Report by Asst. Commissioner, Jodhpur* *He submitted that since elections are to be conducted on* *14.11.2021, hence, entire report will be submitted after* *election.*
14.11.	10	29	Minutes of meeting-

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2021	4		-elections conducted -13 member executive appointed with Ashok Singhvi as President -Form 8 to bepresented to Asst. Commissioner, Jodhpur
	10 8	30	Report by Omveer Tada
15.11. 2021	11 0	31 7	Form 8 by petitioner side *VS.* (reply filed by private respondent)
24.10. 2021	24 2	9	Form.8 by Prakash Chand Vadera (advocate for Mohanlal) as per meeting held on 24.10.2021 *Letter by Mohan Lal that there is no hope for justice* *from Asst. Commissioner, Jodhpur hence may be* *transferred.*
26.10. 2021	26 5
*12.11.* *2021*	27 7	19	*Letter by Asst. Commissioner, Jodhpur to Omveer Tada* *to conduct election on 14.11.2021 as directed by* *Commissioner through letter dated 25.10.2021* (however, no such instructiongiven by Commissioner)
12.11. 2021	12 1	33	Order by Commissioner to transfer matter to Asst. Comm. (HQ) Udaipur.
*17.11.* *2021*	12 2	34	*Letter by Ashok Singhvi to Commissioner to transfer* *matter to Jodhpur (implies knowledge of passing of* *order dated 12.11.2021 andfurtherproceedings)*
*01.12.* *2021*	13 0	35	*Letter by Ashok Singhvi that information regarding* *matter on 24.11.2021 before Asst. Commissioner (HQ),* *Udaipur was received on 25.11.2021 by WhatsApp.* *Request for transfer of matter to A. Asst. Commissioner,* *Jodhpur.(False statement)*

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In S.B. Civil Writ Petition No.9397/2022.

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Date	Pa ge No .	An ne x.	Particulars.
17.11. 2021	85	21	FIRST APPLICATION For Transfer of matter back to Asst. Commissioner, Jodhpur
01.12. 2021	89	22	SECOND APPLICATION To Commissioner, Udaipurfor transfer
14.12. 2021	90	23	THIRD APPLICATION Regarding Form no. 8
14.12. 2021	91	23	FOURTH APPLICATION Regarding Form. No.8
14.12. 2021	11 7	92	Application by private respondent regarding conduct of meeting on 02.10.2021
17.12. 2021	97	26	Order by High Court in SBCWP No.16991/2021 that proceedings shall be subject to final outcome of writ petition
20.12. 2021	99	27	FIFTH APPLICATION Request to notproceed with matter
21.12. 2021	10 0	28	SIXTH APPLICATION False submission thatproceedings be stayed in light of

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(7 of 9)

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[CW-9397/2022]

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			order passed by Hon'ble High Court whereas High court never directed stay onproceedings
03.01. 2022	10 4	29	Reply by petitioner before Asst. Commissioner (HQ), Udaipur
15.02. 2022	12 7	31	SEVENTH APPLICATION Submission that application submitted before High Court in SBCWP no.16991/2021,hence matter be adjourned. (false submission as no application was submitted)
15.02. 2022	13 0	32	*DOCUMENTS and AFFIDAVITS submitted by* *petitioner regarding meeting dated 02.10.2021*
16.02. 2022	14 3	34	Order by Hon'ble High Court wherein undertaking given by respondent counsel that no final order will be passed in the matter.
23.02. 2022	16 2	38	Letter by Asst. Commissioner, Udaipur to Police department
26.04. 2022	16 3	39	EIGHTH APPLICATION To Asst. Commissioner, Udaipur, requesting to transfer matter and that they do not expectjustice.
23.05. 2022	17 6	41	NINTH APPLICATION Regarding form 8publication
	19 0	44	TENTH APPLICATION to take High Court order dated 03.06.2022 in SBCWP no.8022/2022 on record
06.06. 2022	19 1	45	ELEVENTH APPLICATION To re-open opportunity for cross examination
13.06. 2022			TWELFTH APPLICATION Requesting arguments be heard only after decision by High Court and reference of order dated 03,06.2022 was given
*ORDERS*	*PASSED*	*BY ASST. C*	*OMMISIONER (HQ) UDAIPUR*
24.11. 2021	11 6	30	Notices to be issued to parties
29.11. 2021	11 6		S.K. KALLA advocate appeared for petitioner
08.12. 2021	11 7		Time sought by petitioner advocate.
14.12. 2021	11 8		notice qua Form no.8 submitted by Shri Mohan Lal Seth has been published and Shri Mohan Lal Seth be recorded as applicant and Shri Ashok Singhvi be recorded as respondent as both the cases were being heard by the Assistant Commissioner concerned collectively. *Matter to be heard regarding meeting dated 02.10.2021*
21.12. 2021	11 9		Matter adjourned. Order passed by High Court placed before Asst. commissioner
13.01. 2022	12 0		S.K.Kalla not present due to COVID.
08.02. 2022	12 1		S.K. Kalla joined through V.C.,arguments heard qua issue of meeting dated 02.10.2021
15.02. 2022	14 5	35	*Finding given that meeting dated 02.10.2021 had not* *takenplace.*
19.04. 2022	17 2	40	Adjourned
26.04. 2022	17 2		Adjourned on application by SK Kalla

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13.05. 2022	17 2	No order can be passed on application dated 26.04.2022 as same is for transfer of matter. Matter adjourned for cross examination
23.05. 2022	18 5	*Application of petitioner rejected, petitioner counsel* *refused to conduct cross examination though witnesses* *were present* *Cross examination closed*
06.06. 2022	19 9	*Tarun Shrimal Advocate requested for time, cross* *examination closed.*
13.06. 2022		*Petitioner counsel refused to make his arguments and* *arguments of otherparty were heard and Order reserved*

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This Court does not wish to delve into the merits of the case at this stage when the proceedings under Section 23 of the Public Trust Act are pending. Further, this Court finds that making any kind of remarks against the respondent no.5 would not be appropriate in the present case, as it is a matter of internal electoral contest between the executive committee members and it would not be proper to drag the officers in the dispute.

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However, in the interest of justice, all the writ petitions as well as contempt petition are disposed with a direction to the State to conduct efficacious, transparent and expeditious proceedings under Section 23 of the Public Trust Act within a period of three months from today strictly in accordance with law. The authority shall be appointed by the respondent no.2 within a period of 15 days from today for which appropriate order shall be passed exercising is discretion except for authority of Jodhpur and Udaipur. The authority shall give a fair chance to all the parties and shall not get prejudiced by any proceedings previously held, however, the previous proceedings which were held shall be kept on record. The present proceedings shall be freshly adjudicated and no prejudice shall be caused by the previous proceedings to either of the parties, but no party shall be restricted from any opportunity of hearing.

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It is directed that the present petitioners and respondent no.6-Mohan Lal Seth shall cooperate with the adjudication.

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It is taken note by this Court that the learned counsel for the petitioners and learned counsel for the respondent no.6 are agreeable to the aforesaid proposition and assure this Court that they shall cooperate with the adjudication in a time-bound manner.

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The parties shall be at liberty to take appropriate remedy in case any need arises in future i.e. after the adjudication under Section 23 of the Public Trust Act is completed by the State.

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In the meanwhile, if any dispute is there, the respondent no.2 shall be required to pass necessary order. However, the Assistant Commissioner shall be free to proceed from where the earlier proceedings were left, but all opportunity to contest shall be given to both the parties. Any adversity in previous proceeding shall not hold good and everything will be decided afresh.

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It is also directed that anything which has not been covered in the reply, the opportunity for the same be granted to the petitioner.

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All pending applications also stand disposed of accordingly.

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(DR.PUSHPENDRA SINGH BHATI), J.

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46-50-Sudheer/-

Achal Gachh Jain Shweatamber Trust Bhinmal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Achal Gachh Jain Shweatamber Trust Bhinmal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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