Point of Law: It is a settled position of law that availability of an alternate remedy cannot preclude jurisdiction of a writ Court.

JUDGMENT :

1. This Civil Writ Petition has been preferred claiming the following reliefs:-

“It is, therefore, most humbly and respectfully prayed that record of the case may kindly be called for, writ petition filed by the petitioner may kindly be allowed with costs and by and an appropriate order or direction-

The judgment and order dated 26.10.2016(Anx-7) may kindly be quashed and set aside; the respondents may kindly be restrained to construct the temple as directed in the judgment aforesaid.

Any other appropriate writ, order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner.”

2. The petitioner assails the impugned judgment dated 26.10.2016 (at Annex.-7), passed by the respondent no. 3Assistant Commissioner, Devsthan Department, Ajmer Division, Ajmer on the grounds; that the land in question whereupon the permission was granted for the registration of the Trust of respondent no.4 is his personal property, of which he has been in continuous and uninterrupted possession, and that the permission so granted by the aforesaid authority vide the impugned judgment is in contravention of the powers under the Rajasthan Public Trust Act, 1959.

3. Brief facts of the case as laid before this Court by learned counsel for the petitioner are that; the respondent no.4-Bhilwara Jat Samaj Charbhuja Mandir Trust submitted an application(at Annex.-1), dated 06.09.2010, under Section 17(2) of the Act of 1959 before the respondent no.3-Assistant Commissioner for the registration of the Trust. And that, pursuant thereof; notice was accordingly published and upon no objections being received against the same, ex-parte inquiry was initiated.

3.1 That when the matter was duly fixed for inspection report, the present petitioner-Radhey Shyam raised certain objections regarding the registration of the Trust on the land in question, and that he preferred an application under Order VII Rule 14 (3) read with Section 151 C.P.C., which was accepted vide order dated 02.01.2013. And that, on 16.09.2014, some objections were raised on behalf of certain other persons.

4. Learned counsel for the petitioner further submits that the objections raised by the petitioner have not been dealt with by the concerned authorities, in due accordance with law, and that therefore the impugned judgment, dated 26.10.2016, passed by the respondent no. 3-Assistant Commissioner deserves to be quashed and set aside.

5. Learned counsel for the petitioner also submits that the petitioner also preferred an application under the provisions of the Rajasthan Religious Buildings and Places Act, 1954 before the respondent no.3-Assistant Commissioner and in response thereto, was informed, by way of letter (at Annex.-8), dated 25.05.2016, to approach the concerned District Collector.

6. Learned counsel for the petitioner vehemently submits that the impugned judgment dated 26.10.2016 is unsustainable in law as the direction given therein by the respondent no. 3-Assistant Commissioner, permitting the construction of the temple on the land in question, is beyond jurisdiction, and that such power vests solely with the concerned District Collector.

6.1 In this regard, learned counsel drew the attention of this Court to the following sections of the Rajasthan Religious Buildings and Places Act, 1954:-

6. Constructions etc. of public religious buildings -

(1) No person shall, without first obtaining the written permission of the Collector-

(a) construct any public religious building; or

(b) convert any private or public building or place into a public religious building.

Explanation. -The temporary use of a building or place for religious purposes on occasions such as Holi, Moharram and the like shall not be deemed to be the conversion thereof into a public religious building.

(2) A person desirous of obtaining permission for any of the purposes mentioned in sub-section (1) shall first obtain permission from any