The court clarified that Section 23(4) of the Rajasthan Public Trust Act, 1959 does not create an automatic stay, allowing the appellate authority discretion in its decisions.

ORDER

1. The petitioner has preferred the present writ petition claiming the following relief :-

"a) By an appropriate writ order or direction, order may kindly be issued and the order dated 26.04.2023 (Annexure-40) passed by Assistant Commissioner (first), Jaipur and order dated 02.05.2023 passed in appeal no.05/2023 titled as Ashok Sanghvi Vs. Mohanlal (Annex.43) may kindly be quashed and set aside.

b) That the any other relief, which this Hon'ble Court deems fit, by which the petitioners may get full justice may also be allowed."

2. Learned counsel for the petitioner has vehemently submitted that as per the Section 21 & 23 (4) of Rajasthan Public Trust Act, 1959, there shall be an automatic stay upon the impugned order of the Assistant Commissioner, if the appeal is preferred; Section 21 and 23 (4) of Public Trust Act, 1959 reads as under :-

Section 23 - Changes :

1....

2....

3....

4 . 'The Assistant Commissioner shall cause the entries in the register to be amended in accordance with the finding recorded under sub-section (3) or, if an appeal has been filed therefrom, in accordance with decision of the Commissioner on such appeal and the provisions of section 21 and 22 shall apply to such amended entries as they apply to the original entries.

Section 21 - Entries in the Register:

1. The Assistant Commissioner shall cause entries to be made in the register in accordance with the finding recorded by him under section 19 or, if an appeal has been filed under Sec. 20 in accordance with the decision of the Commissioner on such appeal, and shall cause to be published on the notice board of his office and at a conspicuous place in the city, town or village where the principal office or the principal place of business of the public trust is situate, the entries made in the register.

2. The entries so made shall, subject to the other provisions of this Act and subject to any change recorded under any provisions of the Act or a rule made there under, be final and conclusive. "

3. Learned counsel for the petitioner has vehemently submitted that the order passed by the learned appellate authority on 02.05.2023 is illegal and the learned appellate court should have stayed the further proceedings by virtue of the aforesaid section 23 sub-section 4 of the Rajasthan Public Trust Act, 1959.

4. Learned Senior Counsel & AAG Mr. Sandeep Shah assisted by Ms. Akshiti Singhvi and learned counsel Mr. OP Mehta appearing for the respondents submit that Section 23(4) of Rajasthan Public Trust Act, 1959 does not create an automatic embargo on operation of the impugned order, however, both the parties have not entered into the merits of the case and it has been brought to the notice of this Court that the stay petition, which has been preferred on merits, is still pending before the learned appellate authority.

5. Heard learned counsel for the parties and perused the record of the case.

6. On a bare reading of Section 23(4) of Rajasthan Public Trust Act, 1959, this Court finds that the word 'or' inserted in the third line makes it the prerogative of the appellant court to make an independent assessment, and if any conclusion is arrived at thereafter, then the same shall be applicable on all the parties.

7. In light of the aforesaid submission, the present petition is disposed of while directing the learned appellate authority to decide the stay petition pending before it strictly in accordance with law without getting prejudiced by the impugned order dated 02.05.2023, because the impugned order has not touched the merits of the case, but merely gone on to decide the auto status-quo of pending appeal under Section 23(4) of the Rajasthan Public Trust Act, 1959 for which, this Court has already recorded its finding, thus, learned trial court without getting prejudiced by the order dated 02.05.20223 shall adjudicate the matter afresh on merits on stay petition after hearing the parties, expeditiously, strictly in accordance with law. Learned trial court shall pass the ord