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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
GANESH RAM MEENA, J.
Shri Ajay Jain, S/o. Shri Manakraj Munoth and Anr. – Petitioners
Versus
Commissioner, Devasthan Vibhaag Rajasthan, Udaipur and Ors. – Respondents
S.B. Civil Writ Petition No. 14871 Of 2019 Connected With S.B. Civil Writ Petition No. 14860 Of 2019
Decided On : 22-11-2023
Trust - Rajasthan Public Trust Act, 1959 - Section 20, 23 - The court held that the appeals No.19/2018 and 20/2018 decided by the Commissioner, Devsthan Department, Rajasthan, Udaipur, by separate orders dated 09.07.2019 were not maintainable and also found that the findings arrived at by the Appellate Authority were perverse and contrary to the facts and law. The court quashed and set aside the orders dated 09.07.2019 passed by the Commissioner, Devsthan Department, Rajasthan, Udaipur, in appeals No.19/2018 and 20/2018. The order dated 09.04.2018 passed by the Assistant Commissioner and the Form No. 8 dated 24.04.2013 were upheld.
Fact of the Case:
The case involved a trust created under the provisions of the Rajasthan Public Trust Act, 1959. The matter revolved around the changes in the trust, including the appointment of trustees and members, and the subsequent legal challenges and appeals.
Finding of the Court:
The court found that the appeals filed by the trust were not maintainable and the findings of the Appellate Authority were perverse and contrary to the facts and law. The court quashed and set aside the orders passed by the Commissioner, Devsthan Department, Rajasthan, Udaipur, in appeals No.19/2018 and 20/2018. The court upheld the order dated 09.04.2018 passed by the Assistant Commissioner and the Form No. 8 dated 24.04.2013.
Issues: The main issue was the maintainability of the appeals filed by the trust and the validity of the findings of the Appellate Authority. Additionally, the court addressed the issue of changes in the trust, including the appointment of trustees and members, and the legal implications of these changes.
Ratio Decidendi: The court held that the appeals filed by the trust were not maintainable and the findings of the Appellate Authority were perverse and contrary to the facts and law. The court also upheld the order dated 09.04.2018 passed by the Assistant Commissioner and the Form No. 8 dated 24.04.2013.
Final Decision: The court quashed and set aside the orders passed by the Commissioner, Devsthan Department, Rajasthan, Udaipur, in appeals No.19/2018 and 20/2018. The court upheld the order dated 09.04.2018 passed by the Assistant Commissioner and the Form No. 8 dated 24.04.2013.
ORDER :
1. Since both these writ petitions have been filed against the separate orders dated 09.07.2019 passed by the Commissioner, Devsthan Department, Rajasthan, Udaipur, in Appeal No. 19/2018, titled as Raj Welfare Trust, Tonk Road, Jaipur through its Trustee Smt. Manju Kothari Vs. Assistant Commissioner (II), Devsthan Department, Jaipur, Shri Ajay Jain and Abhi Jain and in Appeal No. 20/2018 titled as Raj Welfare Trust, Tonk Road, Jaipur through its Working Trustee Shri Sunil Dhadda and others Vs Assistant Commissioner (II), Devsthan Department, Jaipur & Ors., which originated from the order dated 09.04.2018 passed by the Assistant Commissioner(II), Devsthan Department, Jaipur, in Case No.01/2018, therefore, both these writ petitions are being decided by this common order.
2. The facts in brief of the matter are that a trust was created on 29.03.1973 under the provisions of the Rajasthan Public Trust Act, 1959 (for short ‘the Act of 1959’) in the name and style of “Raj Welfare Trust” which was got registered before the Sub-Registrar, Jaipur City, on 30.03.1973 and was given registration No.376/74.
3. After formation of the Trust on various occasions, Form No.8 was submitted to the Devsthan Department under the provisions of Rule 22 of the Rajasthan Public Trust Rules, 1962 (for short ‘the Rules of 1962’) in regard to the occurred changes and proposed changes of entries in the Trust.
4. Though in the original trust deed the ‘Settlor’ includes Shri Manak Raj, his heirs, executors and administrators, however, a Form No.8 was submitted on 05.06.2010 for not appointing the legal heirs of Shri Manak Raj as the Trustees of the Trust. The said Form No.8 was said to be disposed of vide order dated 15.01.2013 and on an appeal filed against that order, the same was allowed vide order dated 17.09.2015 and the order dated 15.01.2013 was quashed and set aside.
5. On 05.03.2013 Shri Manak Raj Muhnoth was expired. On 24.04.2013 a Form No.8 was submitted by Shri Ajay Jain in view of the Resolution dated 10.12.2012 in regard to the changes in the Trust for appointment of Ajay Jain and Abhi Jain as the Trustees. On submission of the Form No.8 dated 24.04.2013, the same was registered as File No.34/2013 and after inquiry, the Assistant Commissioner (II), Devsthan Department, Jaipur, passed an order dated 17.09.2015 confirming the changes occurred in the Trust as intimated vide Form No.8 dated 24.04.2013 and ordered to record the entry in regard to Ajay Jain and Abhi Jain as the Members of the Trust.
6. Against the order dated 17.09.2015, an appeal No.38/2015 was filed before the Commissioner, Devsthan Department, Rajasthan, Jaipur, jointly in the name of Raj Welfare Trust through Sunil Dhadda-working Trustee as well as Shri Sudhir Dhadda. The said appeal was allowed vide order dated 26.12.2017 setting aside the order dated 17.09.2015 and remanded the matter for fresh decision after hearing the parties on an application dated 25.05.2015 filed by Ajay Jain, the reply dated 08.06.2015 as well as the application dated 20.08.2015 filed by the appellants therein and further to provide an opportunity of cross-examination to the appellants.
7. After remand of the matter by the Commissioner, Devsthan Department, Rajasthan, Udaipur, the Assistant Commissioner (II), Devsthan Department, proceeded with hearing of the matter as directed by the Commissioner, Devsthan Department, Jaipur, while remanding the matter to him and passed the order dated 09.04.2018 holding that the legal heirs of Shri Manak Raj Muhnoth shall automatically become the members of the Trust in view of the definition of ‘Settlor’ given in para 1 of the trust deed and for other members Clause 9 of the trust deed will be applicable and also accepted the Form No.8 dated 24.04.2013 and ordered to make an entry in the record of the Devsthan Department in regard to Ajay Jain as the working Trustee and Abhi Jain as the trustee of the Trust.
8. In the meantime, on 15.01.2013, the Assistant Comm
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