Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Ankur Maglani S/o Ramesh Kuamr Maglani – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. preliminary objections to writ jurisdiction. (Para 1) |
| 2. respondents argue against petitioner's standing. (Para 2) |
| 3. petitioner's defense of standing. (Para 3) |
| 4. court's analysis on locus standi. (Para 4) |
| 5. court rules on maintainability. (Para 5) |
| 6. conclusion: petition dismissed. (Para 6 , 7) |
ORDER :
1. Heard learned counsel for the parties on the preliminary objections raised by the private respondents No.3 & 4 with regard to the maintainability of the present writ petition.
2. Learned counsel appearing on caveat on behalf of the private respondents No.3 & 4 has raised following preliminary objections :-
A. It is submitted that the petitioner has no locus standi to file the present writ petition in the following manner :-
I. It is submitted that the private respondents preferred an application under Section 38 of the Rajasthan Public Trust Act, 1959 (‘the Act’) against Shri Arorvansh Sanatan Dharam Mandir Trust, highlighting various irregularities committed by the sitting trustees in the management of the Trust affairs. It is also submitted that since the application was submitted against the Trust, therefore, the petitioner in individual capacity could not have any
A writ petition lacks maintainability if the petitioner fails to demonstrate locus standi and necessary parties are not joined in the proceedings.
Every right legal or moral carried with it a corresponding obligation. It is subject to several exemptions and exceptions indicated in the broad terms. It has been further propounded that if any reas....
Writ petitions must demonstrate public law elements and not be purely personal; alternative statutory remedies must be exhausted first.
- It is well, nay, settled position of law that the writ jurisdiction can be invoked only against the final orders of lower authorities, Courts or Tribunals and that too if an effective and alternati....
Point of Law : Where the allegation of breach of trust, direction for administration of Trust is absent, the suit is maintainable and obtaining leave under Section 92 of the CPC is not necessary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
