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2019 Supreme(Raj) 2673

SANJEEV PRAKASH SHARMA
Shri Girdhar Memorial Charitable Trust – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Mr. J.P. Joshi, Sr. Advocate With Mr. Siddharth Joshi & Mr. Khet Singh, Advocates, for the Appellant; Mr. Sanjeet Purohit & Ms. Aarohi Ojha, Advocates, for the Respondents

JUDGMENT

1. By way of this writ petition, petitioner Girdhar Memorial Charitable Trust has challenged the notice issued by the respondents dated 16/05/2000 whereby the Ex-ruler Brij Raj Singh was asked to remove the construction work of wooden doors and plaster works etc. from Suraj Prole Gate inside the Jaisalmer Fort being violative of Sub-Section 19(i) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 short Ancient Monument Act, 1958) and Sub-Rule 10(i) & 33 of the Ancient Monuments Rules, 1959.

2. It is submitted that the petitioner-Trust is a registered Trust duly settled by Late Maharawal Shri Raghunath Singhi of Jaisalmer who was the Ex-ruler of the State of Jaisalmer. As per the inventory prepared in terms of Article-XII of the Covenant, various properties in Jaisalmer Fort were given to Ex-ruler of Jaisalmer as personal properties which include the property known as "Suraj Prole". Thus, the said property was settled by Ex-ruler in the Trust formed in the name of Shri Girdhar Memorial Charitable Trust and the income and receipts of this property were to be used for religious and charitable purposes.

3. Learned counsel for the petitioner-Trust assails the

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