Mandir Shri Sitavallabh Ji Trust Vs State of… — Writ and Judicial Review | Rajasthan HC (2025)

Mandir Shri Sitavallabh Ji Trust Vs State of… — Writ and Judicial Review | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of without interfering with the impugned order, with liberty to the petitioner to raise maintainability objections before the Commissioner, who is to consider them in accordance with law; the Commissioner is directed to hear and decide the pending review application preferably within thirty days from receipt of a copy of the order.

Issue for consideration

Whether the Commissioner (First), Devasthan Department, Jaipur has jurisdiction to review its own order, and whether the review application itself is maintainable.

Court's answer

The notices on the review application have been issued and it is still pending before the Commissioner; no final order has yet been passed on the review application, and since the petitioner has put in appearance before the Commissioner, it is open to him to raise his factual and legal objections against maintainability and entertaining of the review application.

Ratio / Principle

If the petitioner raises an objection on the maintainability of the review application, the same shall be considered and dealt with by the Commissioner in accordance with law while deciding the review application.

Key takeaways

The writ petition stands disposed of with liberty, without interfering with the impugned order, and the review application pending before the Commissioner, Devasthan Department, Jaipur is directed to be heard and decided as early as possible, preferably within thirty days from receipt of a copy of this order.ratio¶22

Detailed headnote1 paragraphs

Devasthan Department – Review of own order by Commissioner – Writ petition under Article 226 challenged interlocutory order dated 19.02.2025 whereby notices were issued on respondent No.2's review application against the Commissioner's final order dated 29.01.2025, and the order under review was stayed meanwhile – Held: Review application still pending, no final order passed thereon; petitioner having appeared before the Commissioner is free to raise factual and legal objections to the maintainability of the review application; such objection, if raised, is to be considered and dealt with by the Commissioner in accordance with law while deciding the review application – Writ petition disposed of without interfering with the impugned order; Commissioner directed to hear and decide the review application as early as possible, preferably within thirty days from receipt of copy of the order (Sudesh Bansal, J., High Court of Rajasthan, Jaipur Bench, 20.03.2025).

[2025:RJ-JP:12664]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3759/2025

Mandir Shri Sitavallabh Ji Trust, Sirahdyodhi Bazar, Jaipur Through Managing Trustee, Shri Gaurav Sharma, S/o Late Shri Girdhari Lal Sharma

----Petitioner

Versus

State of Rajasthan, Through Commissioner, Devasthan Department, Jaipur

Inspector, Devasthan Department-First, Jaipur. 3. Assistant Commissioner (First), Devasthan Department, Jaipur

----Respondents

For Petitioner(s)	: Mr. Prakhar Gupta
For Respondent(s)	:

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

20/03/2025

By way of filing instant civil writ petition under Article 226 of the Constitution of India, challenge has been made by petitioner to the interlocutory order dated 19.02.2025 passed by the Commissioner (First), Devasthan Department, Jaipur, issuing notices on the review application filed by respondent No.2 for seeking review of final order dated 29.01.2025 passed by Commissioner and simultaneously, the order under review dated 29.01.2025 has also been stayed in the meanwhile.

Counsel for petitioner has vehemently argued that the Commissioner (First), Devasthan Department, Jaipur has no

[2025:RJ-JP:12664]

[CW-3759/2025]

(2 of 2)

jurisdiction to review its own order and the review application itself is not maintainable.

This Court finds that the Commissioner issued notices of review application and same is still pending before the Commissioner. Indisputably, petitioner has put in appearance before the Commissioner, hence, it is open for the petitioner to raise his factual and legal objections against maintainability and entertaining the review application. No final order by the Commissioner has yet been passed on the review application.

It is hereby observed that in case petitioner raises objection on maintainability of review application, same shall be considered and dealt with by the Commissioner in accordance with law, while deciding the review application.

With the aforesaid liberty, without interfering with the impugned order, instant writ petition stands disposed of. 6. However, it is hereby directed that the review application pending before the Commissioner, Devasthan Department, Jaipur, shall be heard and decided as early as possible and preferably within a period of thirty days from the date of receipt of the copy of this order.

Stay application and other pending application(s), if any, stand disposed of.

(SUDESH BANSAL),J

RONAK JAIMAN/7