CW 625/02 - Kanti Lal & Ors. Vs. The Commissioner, Devasthan Deptt. & Ors. : Order dt.21.2.2008 1 \ 3 S.B. CIVIL WRIT PETITION NO.625/2002 Kanti Lal & Ors. Vs. The Commissioner, Devasthan Deptt. & Ors. Date : 21.02.2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Anil Bhandari for the petitioner. Mr. O.P. Boob, Addl. Government Advocate. --------- 1. Heard learned counsel. 2. The petitioner in this petition has come with the grievance that the impugned order dated 28.10.1999 was passed by the Assistant Commissioner, Devasthan Department, Jodhpur in case No.11/85/Pali holding the trust in question to be the public trust under the provisions of Rajasthan Public Trust Act, 1959 without giving any proper opportunity of hearing to the trustees as according to the petitioner it was a private trust and not public trust under the provisions of the said Act. 3. Learned counsel for the petitioner has pointed out that in the impugned order itself the learned Assistant Commissioner has noted that one of the trustees Kesarimal had expired and other one CW 625/02 - Kanti Lal & Ors. Vs. The Commissioner, Devasthan Deptt. & Ors. : Order dt.21.2.2008 2 \ 3 Kanti Lal Chandrabhan was not available and there was a lock at their house, as per the said report of the process server. Thus, it is clear that the notices were not properly served on the concerned persons. In the impugned order thereafter it has been noted that the said notice was deemed to have been served by pasting the same on the notice board of the office of Assistant Commissioner. 4. Having heard learned counsel this Court is of the opinion that this cannot be said to be an adequate and proper service on the person concerned and, therefore, the impugned order dated 28.10.1999 which seeks to register the Trust in question as public trust was passed ex-parte without giving proper and reasonable opportunity of hearing to the persons and trustees concerned in the matter. 5. Accordingly, this writ petition is allowed and the impugned order Annex.9 dated 28.10.1999 as well as appellate order dated 31.7.2001 Exhibit 10 are set aside and the matter is restored back to the Assistant Commissioner, Devasthan Department, Jodhpur, who may pass fresh orders in accordance with law after giving CW 625/02 - Kanti Lal & Ors. Vs. The Commissioner, Devasthan Deptt. & Ors. : Order dt.21.2.2008 3 \ 3 opportunity of hearing to the petitioners who in the first instance would appear before the Commissioner, Devasthan Department on 28th March, 2008 and thereafter necessary proceedings may be undertaken for passing fresh orders in accordance with law. The petitioners would be free to file their objections along with the necessary evidence before the Assistant Commissioner, Devasthan Department, who would consider the same before passing appropriate orders. 6. With these observations, the writ petition is allowed. No order as to costs. [ DR. VINEET KOTHARI ], J. item No.3 babulal/-