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2006 Supreme(Raj) 503

GOVIND MATHUR
Maheshwari Samaj Trust, Jodhpur – Appellant
Versus
Devasthan Department, Udaipur – Respondent


Advocates Appeared:
Mr. R.K. Thanvi, for the Petitioner.
Mr. B.L. Tiwari, Deputy Government Advocate.

Judgment

Govind Mathur, J.-By an order dated 12.1990 the Assistant Commissioner, Devasthan, Jodhpur at his own motion after making an inquiry registered “Shri Maheshwari Samaj Jodhpur” as a public trust under the Rajasthan Public Trust Act, 1959 (hereinafter referred to as “the Act of 1959”). The Assistant Commissioner by treating Shri Maheshwari Samaj Jodhpur a “charitable endowment” registered it as public trust. The Commissioner, Devasthan by Judgment dated 03.08.1993 affirmed the order dated 12.1990 passed by the Assistant Commissioner by rejecting the appeal preferred by Shri Maheshwari Samaj Jodhpur under Section 20 of the Act of 1959. Validity and propriety of the order dated 12.1990 and the Judgment dated 03.08.1993 is assailed by this petition for writ by Shri Maheshwari Samaj Jodhpur.

2.While giving challenge to the orders impugned it is urged that the Assistant Commissioner without having any evidence available treated petitioner society as a charitable endowment. It is also urged that the Assistant Commissioner, Devasthan failed to appreciate the aims and objects of the petitioner society while including it within the purview of charitable endowment formed for a charita










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