CW- 2980/05- Ramkund Dharamshala Public Trust Arnod & Ors. Vs . Jairaj & Ors . : Order dt.13.3.08 1\5 S.B. CIVIL MISC. WRIT PETITION NO.2980/2005 Ramkund Dharamshala Public Trust Arnod & Ors.Vs. Jairaj & Ors. Date of order : 13th March, 2008 PRE;SENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.L. Jain for the petitioners. Mr. D.R. Bhandari for the respondents. Mr. Arjun Singh, Dy. Government Counsel. --------- 1. Though this case comes up on interim application but it appears that the matter deserves to be referred to the District Judge in terms of Section 43 of the Rajasthan Public Trust Act, 1959. 2. The dispute pertains to one Public Trust registered as Registration No.1/1998 namely Ramkund Dharamshala Arnod (Chittorgarh) with the Devasthan Department vide Annex.1 registration certificate issued on 24.2.1999. The said registration was given on the application of one Shri Uday Ram Bhavasar, Executive Trustee of the said Trust vide Annex.1. The case of the petitioner No.1 Uda Ram who has now expired and other trustees who were made trustees by nominations made by him appear to be that respondent No.4, Mr. Onkarlal applied to the Assistant Commissioner CW- 2980/05- Ramkund Dharamshala Public Trust Arnod & Ors. Vs . Jairaj & Ors . : Order dt.13.3.08 2\5 for nomination of certain persons on the Board and Trustees of the said public Trust which was accepted by the Assistant Commissioner by his order dated 24.12.2003 Annex.7A. The said order was confirmed upon an appeal of the learned Commissioner of Devasthan Department vide order dated 7.3.2005. 3. The respondents in the reply filed to this writ petition have challenged the locus standi of the present petitioners to challenge the said order of these two authorities in this Court and has submitted that these persons were not party before the Commissioner, Devasthan Department or before the Assistant Commissioner. 4. Section 43 of the Rajasthan Public Trust Act, 1999 reproduced hereunder:- “43. Powers of the Court upon application under Section 41 or Section 42.- (1) on receipt of an application made under or in pursuance of Section 41 or Section 42, the court shall make or cause to be made such inquiry as it deems necessary and may appoint such person as it thinks fit to be the new working trustee and in making such appointment the court shall have regard- CW- 2980/05- Ramkund Dharamshala Public Trust Arnod & Ors. Vs . Jairaj & Ors . : Order dt.13.3.08 3\5 (a) to the wishes of the author of the trust, (b) to the wishes of the person if any, empowered to appoint a new trustee, (c) to the question whether the appointment will promote or impede the execution of the trust, (d) to the interest of the public or the section of the public who have interest in the trust, and (e) to the custom and usage of the trust. (2) The order of the Court under sub-section (1) shall be deemed to be the decree of the court and an appeal shall lie therefrom to the High Court. 5. A perusal of the aforesaid provisions clearly shows that the District Judge has power to make or cause to be made such inquiry as he deems necessary and may appoint such person as he thinks fit to be the new working trustee and in making such appointment, the court shall have regard to the wishes of the author of the trust, the wishes of the person if any, empowered to appoint a new trustee, to the question whether the appointment will promote or impede the execution of the trust etc. Thus, the learned District Judge under the said provision has ample power to decide the dispute inter- se between the trustees of public trust. A further appeal under Section 43(2) of the Act has been provided to High Court against the CW- 2980/05- Ramkund Dharamshala Public Trust Arnod & Ors. Vs . Jairaj & Ors . : Order dt.13.3.08 4\5 decree and judgment of the learned District Judge. 6. In the present case, the dispute prima facie appears to be a dispute between the two rival groups as to management and trustees of the aforesaid pubic Trust. Therefore, this Court is of the view that the matter deserves to be remitted to the learned District Judge under Section 43 of the Act. Both the parties would be free to file their claim and counter claim before the learned District Judge in this regard and it is expected that the learned District Judge after taking necessary evidence and making such enquiries as may be considered expedient by him shall decide the issues in accordance with the provisions of Section 43 of the Act. If any of the parties aggrieved of such judgment of learned District Judge, it is needless to say that an appeal would lie under Section 43 of the Act before this Court. 7. The writ petition is accordingly disposed of with liberty to both the parties to approach the learned District Judge by way of appropriate application under Section 43 of the Act. The interim order granted by this Court on 17.8.2005 directing “Pending disposal of the writ petition, the effect and operation of the orders, Annexure- 7-A and 10 shall remain stayed” shall continue till the learned District CW- 2980/05- Ramkund Dharamshala Public Trust Arnod & Ors. Vs . Jairaj & Ors . : Order dt.13.3.08 5\5 Judge decides the application in accordance with law. It is expected that the learned District Judge would decide the application within six months from today. The parties shall file their claim and counter claim within two months from today. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.2 babulal/-