An appeal filed in compliance with the order of the Division Bench is maintainable.

JUDGMENT

Mohammad Rafiq, J. - These two appeals seek to challenge the judgment of learned Single Judge dated 30.04.2019, whereby two writ petitions filed by appellant Dr. Balveer Singh Tomar were dismissed. Appeal No.699/2019 arises out of Writ Petition No.26712/2018, while Appeal No.700/2019 has been filed against the judgment passed in Writ Petition No.26717/2010. In Writ Petition No.26717/2018, the appellant/writ-petitioner impugned the order dated 30.11.2018 passed by the Commissioner, Devasthan Department, Rajasthan, in Appeal No.35/2018, which was filed by respondent no.2 Dr. Shobha Tomar as well as entire proceedings of the said appeal. In Writ Petition No.26712/2018, the appellant/writpetitioner impugned the order dated 30.11.2018 passed by the Commissioner, Devasthan Department in Appeal No.36/2018 filed by respondent no.2 Dr. Shobha Tomar, who therein challenged the order dated 09.08.2017 passed by the Assistant Commissioner (First), Devasthan Department, Jaipur, whereby the amended trust-deed dated 02.01.2017 (registered on 03.01.2017) produced by appellant Dr. Balveer Singh Tomar, was placed on record. By order dated 30.11.2018 the Commissioner Devasthan Department over ruled the preliminary objections raised by the appellant as to maintainability of the appeal on the ground of delay as also res judicata on the presumption that appeal against the same order had already been dismissed earlier. Since the parties to the dispute are common and the facts are also similar, learned Single Judge decided both the writ petitions by common judgment. Therefore we shall also decide these two appeals by present judgment simultaneously.

2. In order to appreciate the dispute between the parties, we first need to take note of the background facts. The Assistant Commissioner (First), Devasthan Department, Jaipur by order dated 16.04.2015 took on record the minutes of the meeting of the trust known as Indian Medical Trust, Jaipur, dated 02.02.2015, whereby the respondent no.2 Dr. Shobha Tomar was appointed as Vice Chairman and respondent no.6 Dr. Swati Tomar as Trustee. As per the allegations of the appellant, those minutes were forged therefore he filed an application under Section 24 of the Rajasthan Public Trusts Act, 1959 (for short, 'the Act of 1959') before the Assistant Commissioner (First), Devasthan Department, for further inquiry in relation to the said forgery, which was registered as Application No.01/2016 and order was made by the Assistant Commissioner (First), Devasthan Department, Jaipur on 04.08.2016 restraining Dr. Shobha Tomar and Dr. Anurag Tomar from holding any meeting without presence and consent of Dr. Balveer Singh Tomar. While on one hand, the appellant submitted written complaint to the police, which was registered as F.I.R. No.454/2016 at Police Station Chandwaji, Jaipur Rural, for offence under Sections 420, 406, 467, 468, 471 and 120B of the Indian Penal Code on 02.12.2016, on the other hand, he filed Writ Petition No.7897/2017 before the Single Bench of this Court challenging the proceedings pending before the Assistant Commissioner (First), Devasthan Department, under Section 24 of the Act of 1959. The Single Bench, vide judgment dated 01.08.2017, partly allowed the writ petition filed by the appellant and upheld the order dated 04.08.2016 setting the appellant at liberty to initiate contempt proceedings in the event of infringement of restraint order dated 04.08.2016 made by the Assistant Commissioner (First), Devasthan Department, Jaipur in Case No.01/2016 in accordance with the law. By the said judgment dated 01.08.2017, the learned Single Judge also dismissed the Writ Petitions No.3999/2017, 1648/2017, 6047/2017 and 4507/2017 instituted by the Indian Medical Trust as also Dr. Balveer Singh Tomar and Dr. Swati Tomar, as office bearers of the Indian Medical Trust. The Assistant Commissioner (First) passed the consequential order dated 09.08.2017 giving effect to the judgment of the Single Bench of this