K. S. SIDHU, J.

( 1 ) NARAIN Lal a votary of the Swetamber sect of Jains, made an application under S. 38, Rajasthan Public-Trusts Act, 1959 (hereinafter called the Act) before the Assistant Commissioner appointed under the Act, for permission to make an application before the District Court seeking certain directions from the said Court against the Prabandhkarini Committee Digamber Jain Atishya Kstratia (hereinafter called the Digamber Samiti), which is in charge of the management and administration of the well known Jain temple, known as the temple of Mahavirji, situate in the town of Mahavirji alias Chandangaon Naurangabad in the district of Sawai Madhopur, and also against the President and Secretary of the Digamber Samiti in respect of the administration of the affairs of the said temple. By his order, dated December 23, 1970, the Assistant Commissioner allowed the said application. The Digamber Samiti challenged the order of the Assistant Commissioner by way of a writ petition under Art. 226 of the Constitution. The said writ petition was dismissed by this Court on January 8, 1971. The special appeal filed by the Digamber Samiti from the order of dismissal of its writ