The court emphasized the importance of pursuing grievances related to civil suits before the Civil Court and dismissed the writ petition filed by a non-registered body.

Headnote:
Public Trust - Adjudication of Trust as Public Trust - The court dismissed the writ petition filed by a non-registered body, stating that the petitioner should pursue their grievance before the Civil Court along with other members of the community as the matter pertained to a civil suit. The court also rejected the application under section 24 of the Public Trust Act, 1959, as it did not raise any new question.
Fact of the Case:

The trust in question was adjudicated as a public trust by the Devsthan Official. The petitioner filed a writ petition after an appeal against the order and an application under section 24 of the Public Trust Act, 1959 were unsuccessful. The court dismissed the petition, stating that the petitioner should pursue the grievance before the Civil Court along with other members of the community.
Finding of the Court:

The court found that the writ petition was not maintainable as the petitioner was a non-registered body and the matter pertained to a civil suit. The court also rejected the application under section 24 of the Public Trust Act, 1959, as it did not raise any new question.
Issues: The main issue was the maintainability of the writ petition filed by a non-registered body and the rejection of the application under section 24 of the Public Trust Act, 1959.
Ratio Decidendi: The court held that the petitioner should pursue their grievance before the Civil Court along with other members of the community as the matter pertained to a civil suit. The court also rejected the application under section 24 of the Public Trust Act, 1959, as it did not raise any new question.
Final Decision: The writ petition was dismissed as not maintainable.

JUDGMENT

1. - Heard learned counsel for the parties.

2. The trust in question was adjudicated by the Devsthan Official to be a public trust. An appeal against the order was also filed with no consequences favouring petitioner. Thereafter, an application under section 24 of the Public Trust Act, 1959 has been filed by the petitioner. Simultaneously, persons of the community have filed a suit. The application under section 24 has been rejected by the Devsthan Department as the same did not raise any such question which was not raised earlier.

3. In this writ petition while the community is perusing a civil suit, no question of fact can be gone into. In that view of the matter, the petitioner should agitate his grievance before the Civil Court along with other persons of the community. This Court will not entertain this petition. This petition has been filed by Purbia Kalal Samaj, which is not a registered body. On this count also petition cannot be maintained.

4. The writ petition is not maintainable, and the same is hereby dismissed.Writ Petition Dismissed As Not Maintainable.

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Judicial Analysis

2003 Supreme(Raj) 1387

RAJASTHAN HIGH COURT AT JAIPUR BENCHBhagwati Prasad, J.Purbia Kalal Samaj Prishad, Udaipur - AppellantVersusState of Rajasthan & Ors. - RespondentS.B. Civil Petition No. 3527 and 2000.Decided On : 21-08-2003

The court emphasized the importance of pursuing grievances related to civil suits before the Civil Court and dismissed the writ petition filed by a non-registered body.

Judicial Analysis

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Bhagwati Prasad, J.
Purbia Kalal Samaj Prishad, Udaipur - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Petition No. 3527 and 2000.
Decided On : 21-08-2003