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[2026:RJ-JD:5056]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 5081/2025

1. Shri Mahaveer Swami Jain Pedhi Khivandi Trust, District

Pali Through Its Secretary Vinod Jain S/o Shanti Lal Jain,

Aged About 55 Years, R/o 4803-04, Lodha Vinejiya Tower,

G.d. Ambedkar Road, Lal Bagh Parel Kala, Mumbai,

(Maharastra), 400033.

2. Vinod Jain S/o Shanti Lal Jain, Aged About 55 Years, R/o

4803-04, Lodha Vinejiya Tower, G.d. Ambedkar Road, Lal

Bagh Parel Kala, Mumbai, (Maharastra), 400033.

----Petitioners

Versus

1. The State Of Rajasthan, Through The Commissioner

Devasthan Vibhag, Government Of Rajasthan, Udaipur,

Rajasthan.

2. Assistant Commissioner, Devasthan Vibhag, Government

Of Rajasthan, Jodhpur Division, Jodhpur Rajasthan.

3. Futarmal Jain S/o Parasmal Jain, R/o 401, Archana

Building, Doctor Rajab Ali Patel Gali, Bholabhai Desai

Road, Mumbai (Maharastra), 400002.

4. Hemant Kumar Jain S/o Prakash Chand Jain, R/o Plot No.

72-A, Collector Colony, Chembur, Mumbai Fci, Maharastra.

5. Dilip Chandu Lal Jain S/o Chandu Lal Jain, R/o Safiya

Manjil, B-47, First Floor, Room No. 22, Doctor Meshri

Road, Dongri Vtc, Mumbai Maharastra.

----Respondents

For Petitioner(s) : Mr. Girish Sankhala

For Respondent(s) : Mr. Mahaveer Prasad

Mr. Hemant Balani

Mr. Jayant Pilawat for R3 to R5

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

28/01/2026

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1. This writ petition has been preferred with the following

prayers:-

“(i) That the impugned order and judgment dated

05.11.2024 (Anx.3) passed by Assistant

Commissioner Devasthan Vibhag Jodhpur Shri

Vinod Shanti Lal Jain Vs. Futarmal and others in

case no.15/2023/ pali may kindly be quashed and

set aside.

(ii) That the impugned order dated 18.12.2024

(Anx.6) passed in appeal no.55/2024 Shri Vinod

Jain Vs. Futarmal Jain by learned appellate

authority Commissioner of Devasthan Vibhag

Rajasthan, Udaipur be quashed and set aside.

(iii) That the learned appellate authority

Commissioner of Devasthan Vibhag, Udaipur be

directed fo deciding the pending appeal

no.55/2024 filed by the present petitioners with

immediate effect and accordance with the

provisions of law, and till then the effect and

operation of impugned order dated 05.11.2024

(Anx.3) be kept in abeyance.

(iv) That the respondents authorities may kindly

be directed for not taking any consequential

action in pursuance to the impugned order dated

05.11.2024 (Anx.3) passed by Assistant

Commissioner Devasthan Vighag Jodhpur.

(v) Any other appropriate order or direction which

this Hon’ble Court considers just and proper and

fact and circumstances of the case may kindly be

passed in favour of the petitioners.

(vi) Cost of writ petition may kindly be awarded

to the petitioners.”

2. Learned counsel appearing for respondent Nos.3 to 5 fairly

submits that the relief sought by the petitioner in prayer No.(iii)

deserves to be granted. He submits that the appeal preferred

against the order dated 05.11.2024 is pending consideration and

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[2026:RJ-JD:5056] (3 of 3) [CW-5081/2025]

therefore, the present writ petition may be disposed of with a

direction to the appellate authority to decide the same in a time-

bound manner.

3. Learned counsel for the petitioner does not oppose the

submissions made by learned counsel for respondent Nos.3 to 5.

However, he submits that this Court, while entertaining the writ

petition on 03.03.2025, granted an interim order and the same

may be directed to remain in operation till the appeal is decided.

4. Learned counsel appearing for the private respondent has no

objection to the aforesaid submissions.

5. Accordingly, the present writ petition is disposed of with a

direction to the Commissioner, Devasthan Department, Udaipur, to

decide Appeal No. 55/2024 within a period of two months from the

date of receipt of a certified copy of this order.

6. Needless to observe that the inter