[2023:RJ-JD:30268]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 13827/2023

Shri Apeshwar Mahadev Mandir, Sewadiya Math, Through

Chairman Ratan Bharti Chela Shri Khanaiya Bharti, Aged About

60 Year, R/o Sewadiya Math, Tehsil Raniwada, District Jalore.

----Petitioner

Versus

1.

State Of Rajasthan, Through Commissioner, Devasthan

Department, Jaipur.

2.

Assistant Commissioner, Devasthan Department, Jodhpur.

3.

Shri Apeshwar Mahadev Vikas Samiti, Sewadiya Through

Its Authorised Signatory Raghuveer Singh S/o Deep

Singh, Village And Post Of Sewadiya, Raniwada, District

Sanchore.

----Respondents

For Petitioner(s)

:

Mr. CS Kotwani

For Respondent(s)

:

Mr. LK Purohit, GC

Mr. Sudhir Sharma

Mr. Laxman Singh

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

18/09/2023

1.

The petitioner has preferred the present writ petition

claiming the following reliefs :-

"By appropriate writ. direction or order, the impugned

order dated 08.09.2023 (Annex.6) & 08.09.2023

(Annex.7) may kindly be ordered to be quashed and set

aside;

The Devasthan Department respondent No.2 may kindly

be directed to decide the application of humble

petitioner for registration of the Math expeditiously

without even considering the application/objection of

respondent No.3 in the instant matter in any manner."

2.

At the outset, learned Government Counsel Mr. L.K. Purohit

submits that the amount lying in the safe may have notes of

Rs.2,000/- and since the dispute is pending under Section 17 of

[2023:RJ-JD:30268]

(2 of 2)

[CW-13827/2023]

the Rajasthan Public Trust Act, 1959 and while maintaining the

neutrality regarding the amount in question, the amount which

comes out from the safe including the notes of Rs.2000/- may be

taken into the custody with the respondent no.2 Assistant

Commissioner, Devasthan Department.

3.

In light of submission made by learned Government Counsel,

the present petition is disposed of while directing the respondent

no.2 Assistant Commissioner, Devasthan Department to assign

one of its officer to ensure that notes of Rs.2000/- be exchanged

from the competent bank and the amount received in exchange

and other ingredients of safe, may be kept safely with the

respondent no.2 Assistant Commissioner, Devasthan Department.

After getting exchanged the notes of Rs.2000/-, the respondent

no.2 Assistant Commissioner, Devasthan Department shall

maintain the safe custody of everything from the safe, until the

dispute pending under Section 17 of the Rajasthan Public Trust Act

is resolved. The safe for aforesaid purpose shall be opened in the

presence of the petitioner and the respondent as well as the

Assistant Commissioner, Devasthan Department.

4.

It is needless to say that the private parties have consented

to such order.

5.

All pending applications also stand disposed of.

(DR. PUSHPENDRA SINGH BHATI), J.

102-Sudheer/-