WANCHOO, C.J. —This is an application under Art. 226 of the Constitution by Prem Ballabh against the State of Rajasthan, and others, and the applicant prays for an appropriate writ, direction or order in the nature of a writ of certiorari against the State of Rajasthan, and the Minister-in-charge, Devasthan Department, in connection with an order passed by the State of Rajasthan, and communicated to the applicant on the 10th of January, 1953.

2. The case of the applicant is briefly this. There is a temple of Shri Vijay Gopalji in the city of Jaipur in Johri Bazar. This temple is possessed of certain properties, and was founded by Shri Krishna whom the applicant claims to be his ancestor. It further appears that the temple was granted certain lands by the former State of Jaipur, and the former State of Alwar. The applicant, however, contends that the temple itself is not a State temple and that the descendants of Shri Krishna are its Shebaits. In the year 1925 there was some dispute as to Shebaitship, and the then Government of Jaipur passed an order fixing terms for the management of the temple. One of the person, in whose favour terms were fixed was Radha Ballabh who is dead. The others were Suraj Ballabh, Kalyan Ballabh and Durga Ballabh who are all parties to this application. Radha Ballabh died in 1953. The applicant Prem Ballabh claims to be his adopted son, and therefore is entitled to his share in the Shebaitship which was half. The adoption of the applicant by Radha Ballabh is being disputed by Suraj Ballabh. It may be mentioned that proceedings are going on under the Matmi Rules relating to the former State of Jaipur as to the succession to the State grant given to the temple by the former Jaipur State. Mutation proceedings are also going on as to the estate grant by the former Alwar State, and we understand that Suraj Ballabh is contesting those proceedings. While these proceedings were going under the Jaipur Matmi Rules, and the Alwar Revenue Laws, which are in force in the respective areas, Suraj Ballabh applied to the Devasthan Department, Jaipur, and prayed that as Radha Ballabh was dead, his terms of Shebaitship be divided between the remaining three persons. The applicant objected to this petition. His case was that the said temple was not a State temple, and the question of succession to Radha Ballabh could only be decided by the courts. The Assistant Commissioner, Devasthan Department, who dealt with this matter, was of the opinion that no executive orders could be passed by Government in this matter, and that the question would be decided in proceedings under the Matmi Rules, which were going on. He thus refused to pass any orders on the application of Suraj Ballabh. Thereupon Suraj Ballabh was dissatisfied with this matter and appealed to the Commissioner. No provision of law has been pointed out in support of such an appeal; but we take it that such Commissioner was the superior authority. Suraj Ballabh approached in the hope that he might set aside the order of his assistant. The Commissioner, however, thought that the order of the Assistant Commissioner was correct, and refused to interfere.

3. Thereupon, it seems that Suraj Ballabh approached the Government. Here again, no provision of the law has been pointed out under which Suraj Ballabh could have filed an appeal to the Government. In any case, the applicant was informed on the 10th of January, 1953, that the appeal of Suraj Ballabh has been considered, and the Government was pleased to order that the Osra of Shebaitship of Radha Ballabh, who had died issueless, be divided amongst the surviving Osredars. There were other consequential orders based on this order.

4. It is against this order of Government that the applicant has filed the present application. It is obvious that the order in question, when it states that Radha Ballabh had died issueless and orders division of his Osra among the rest, decides the question of the adoption of the applicant by

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