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1994 Supreme(Raj) 153

R.BALIA, P.K.PALLI
MEHTA CHARITABLE TRUST. PALI – Appellant
Versus
COMMISSIONER DEVASTHAN VIBHAG, RAJASTHAN, UDAIPUR – Respondent


Advocates Appeared:
D.R.Bhandari, KEVAL CHAND

Judgment


P. K. PALLI, J.

( 1 ) THE appellant has laid challenge to the order passed by the learned single Judge dated 21-9-1984, whereby the writ petition was dismissed.

( 2 ) IN sequence of the application for registration of a public trust, the Assistant Commissioner invited objections and 15/09/1975 was fixed as the date of hearing for that purpose. Surprisingly by the order dated 12-9-1975 i. e. three days before the case had been fixed for hearing of the objections, the Assistant Commissioner passed the order ordering registration of the trust. An appeal is said to have been filed by the legal representatives of one Noor Mohd, which was dismissed on 27-9-1976.

( 3 ) RESPONDENT No. 4 Mst. Mariyam moved the Assistant Commissioner on 9-10-1975 laying challenge to the order of registration, which application remained pending and in the meantime the legal representatives of Noor Mohd. since deceased and Mst. Mariyam filed a suit in the Civil Court claiming right, title and interest in the property.

( 4 ) SINCE, the application moved by Mst. Mariyam for rehearing the matter had not been disposed of a prayer was made to decide that application and the Assistant Commissioner vide o

















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