1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.5643/2008. Bijendra Singh Jakhar. VERSUS Commissioner, Devasthan Department and Others. 08.07.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Neeraj K.Tiwari, for the petitioner. ***** Heard learned counsel for the petitioner. The petitioner has challenged the order passed by the learned Commissioner, Devasthan Department by which the learned Commissioner has allowed the appeal filed by the respondent against the order of the learned Assistant Commissioner, Devasthan Department directing the registration of the trust vide order dated 16.01.2007. The learned Commissioner has taken into consideration the material placed before him by way of Jamabandi and the revenue records and earlier orders regarding annuity etc. and has prima faice found that the respondents have an interest in the temple and the application with regard to the registration is required to be determined afresh after affording an opportunity to the respondent. Learned counsel for the petitioner has submitted that the learned Assistant Commissioner proceeded in the matter after having followed the due process of the issuance of notice and the respondents did not file any objection before the learned Assistant 2 Commission nor they appeared before him after issuance of notice. So far as the above contention is concerned, no doubt it may be true that the appellants who preferred the appeal did not appear before the learned Assistant Commissioner, the learned Commissioner has taken into consider the overall facts, as mentioned in internal page Nos.3 and 4 (page Nos.15 and 16 of the paper book) of the order, including that the respondents are performing seva puja on heridetory basis and have an interest in the temple. In view of the above, I find no reason to interfere with the order remanding the case to the learned Assistant Commissioner for decision of the matter afresh after affording the opportunity to the parties. This writ petition accordingly stands dismissed summarily. (DALIP SINGH),J. Solanki DS, Jr.P.A.