Jaipur Shahar Hindu Vikas Samiti ... vs State Of Rajasthan Tr.Chief Sec.& Ors

3. For better appreciation of facts, the relief sought in D.B. (Civil) W.P. No. 2321 of 2006, which is a Public Interest Litigation, the order which is impugned in the Civil Appeal @ SLP(C) No. 28021 of 2010 is extracted below:

(ii) by an appropriate writ, order or direction in the nature whereof, the Hon’ble Court may be pleased to restrain respondent No. 4 Shri Avadhesh Kumar or any of the other legal representative of late Shri Ramodaracharya as well as respondent No. 5 Shri Raghavacharya in any manner using, managing or interfering in the temples and properties of the Galta Peeth/Thikana and its accompanying temples;

17. Respondent No. 4 filed an interlocutory application raising preliminary objections about the maintainability of these appeals and narrated the earlier litigation. While the D.B. (Civil) W.P. No. 2321 of 2006 was pending, the High Court, by an interim order dated 4th May, 2007, restrained the Respondent No. 4 herein to deal with the properties of the Galta Peeth as a working trustee. Aggrieved thereby, Respondent No. 4 filed a Special Leave Petition before this Court. Consequently it became Civil Appeal No. 3746 of 2009.

21. Apart from preliminary objections, learned counsel appearing for the respondents addressed on the main issues also and relied upon different provisions of the Act. The counsel brought to our notice that in fact as early as on 19-5-1928 itself a list of properties of Galta Peeth was drawn up, including some of the private properties of the Mahant i.e. residential house etc. Thereafter, a series of legal proceedings have taken place between the Government, private parties and the Galta Peeth and their rights are crystallized in the respective litigations. According to him, the appellants have again raked up the issue in the guise of Public Interest Litigation, which was already subject matter of dispute in the earlier round of litigation.

In view of aforesaid, we are of the opinion that the issues raised before us would be decided by the Assistant Commissioner, Devasthan Department after hearing all the parties and in this regard, the petitioners in the writ petition No. 2321/2006 would be at liberty to participate in the hearing by making a proper application and would further be at liberty to substantiate their grounds by submitting necessary documents.

2. The Assistant Commissioner shall give in the prescribed manner public notice of the inquiry proposed to be made under sub-section (1) and invite all person having interest in the public trust inquiry to prefer within sixty days objection, if any, in respect of such trust.

3. Every Committee of management constituted under sub-sec. (2) shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property subject to such conditions and restrictions as may be prescribed and may by the name specified in the notification under sub-section (2) sue and be sued.

5. The Chairman and members of a committee of management shall be appointed by the State Government by notification in the official Gazette from amongst –

Under the circumstances, we cannot give any direction to the Government to invoke Section 53 for appointment of a Committee of Management to the trust.

50. In view of the above discussion and the law laid down by this Court and particularly taking into consideration that the appellant has already availed statutory remedies and the appeals are still pending before the Commissioner, we do not find any reason to interfere with the impugned order.

51. Accordingly, the appeals fail and are dismissed with no order as to costs.

………………………………CJI.