1. - This special appeal is directed against the order of the learned Single Judge dated 7.11.2005 in S.B. Civil Writ Petition No. 1229/1989 dismissing the writ petition of the appellants. The appellants had filed the writ petition for quashing the order of the Commissioner, Devasthan dated 19.9.1983 and the notification dated 1.8.1988 published in the gazette dated 8.9.1988 contained respectively in Annexures 4 and 5 to the writ petition. The appellants also sought a writ of prohibition restraining the respondents from interfering with their right to receive the 'bhents' and offerings and manage the temple.

2. The dispute relates to a temple known as Shri Vijyasan Mataji at Indergarh within Bundi district. Case of the appellants is that the temple was founded by their ancestors, Shri Kamal Nathji Maharaj in or about Vikram Svt. 103 and his descendants have been performing Sews Pooja and managing the temple. They receive offerings and 'Bhent' made by the devotees. In short, the temple is a private temple of the appellants. On 13.8.1980 on representation of the then Sarpanch, Mohanpura Gram Panchayat, a proceeding was initiated for registration of the temple as a pubic trust