[2026:RJ-JP:8025]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 611/1995 Narain Lal (since deceased 06.12.1986)

By his legal representatives:

1. Bhagwan Das Jain Palliwal (now dead) S/o Shri Narainlal Palliwal

2. Late. Uttamchand Palliwal through its legal representatives.

2/1 Shrimati Laxmi Devi W/o Late Shri Uttamchand Palliwal age about 74 years, R/o Chakshi ka Chowk, Ghee walo ka rasta, Chowkri Chat darwaza, Jaipur.

2/2 Shri Sanjeev Palliwal S/o Late Shri Uttamchand Palliwal age about 42 years, R/o Chakshu ka Chowk, Ghee walo ka rasta, Chowkri Chat darwaza, Jaipur.

2/3 Shri Rajeev Palliwal S/o Late Shri Uttam Chand Palliwal age about 40 years R/o Chakshu ka Chowk, Ghee walo ka rasta, Chowkri Chat darwaza, Jaipur.

3. Smt. Tara Devi Jain (now dead) D/o Shri Narainlal Palliwal and W/o Shri Gumanmalji Jain R/o Nasia Colony, Gangapur City, Distt. Sawaimadhopur.

……..Appellants Versus Prabandhkarini Committee, Digamber Jain Atishaya Kshetra, Shree Mahaveerji and Anr.

----Respondents Connected With S.B. Civil Miscellaneous Appeal No. 575/1995 Shri Jain Swetambar (Moortipujak) Mahaveerji Tirth Raksha Samiti, Jaipur, Registered Office Palliwal House, Chaksu-Ka-

Chowk, Jaipur City ……….Petitioners-Appellants Versus Prabandhkarini Committee Digambar Jain Atishaya Kshetra Shri Mahaveerji in the town of Shri Mahaveerji, District Sawaimadhopur by-

Shri Kapoor Chand Patni, Secretary, Prabandhkarini Committee Digambar Jain Atishaya Kshetra Shri Mahaveerji C/o Patni Jain &

Company, Johari Bazar, Jaipur ----Respondents For Appellant(s) : Mr. S.S. Hora Assisted by:

Mr. Shashwat Purohit Mr. Jaivardhan Joshi For Respondent(s) : Mr. M.M. Ranjan, Sr. Advocate Mr. R.K. Agrawal, Sr. Advocate Mr. J.P. Goyal, Sr. Advocate Assisted by:

Mr. Hemant Sogani Ms. Sukriti Kasliwal Ms. Suruchi Kasliwal through VC Mr. Rupin Kala Ms. Jyoti Swami Ms. Ronak Bansal Mr. Vikram Singh Mr. Yashwant Singh Mr. Adhiraj Modi HON'BLE MR. JUSTICE BIPIN GUPTA

Judgment / Order

1. Since, these civil misc. appeals arise out of a common order dated 27.10.1994, passed by the learned Additional District and Sessions Judge, No.2, Jaipur Nagar, in case No.45/1985 and 44/1985, whereby, the case pending under Section 40 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as “the Act of 1959”) were ordered to be abated, on application of respondent under Section 4 of the Places of Worship (Special Provisions) Act, 1991 (hereinafter referred to as “the Act of 1991”)

and hence, are being decided together.

2. Shorn of the facts, deceased-appellant Shri Narain Lal, a votary of the Shwetambar Sect of the Jain Community filed an application under Section 38 of the Act of 1959 before the learned Assistant Commissioner, Devasthan Department to grant permission to make an application before the learned District Court to seek direction against the respondent-Prabandhkarini Committee Digambar Jain Atishaya Kshetra Shri Mahaveerji (hereinafter referred to as the ‘Digambar Samiti’) with respect to the management and administration of the well-known Jain Temple known as the temple of Mahavirji, situated in the town of Mahavirji in Sawai Madhopur.

3. The application was allowed by the Sub-Divisional Officer vide order dated 23.12.1970, and the deceased-appellant was directed to file application as prayed for. The order dated 23.12.1970 was challenged by the respondent before this Court in writ petition bearing No. S.B. Civil Writ Petition No. 60/1971, which was dismissed by a Co-ordinate Bench of this Court vide order dated 08.01.1972. Against the said order, a D.B. Civil Special Appeal was also preferred before the Division Bench, which came to be dismissed vide order dated 10.05.1972.

4. In pursuance of the order dated 23.12.1970, the deceased- appellant Narain Lal filed an application under Section 40 of the Act of 1959, before the learned District Court, Bharatpur, seeking removal of President and Secretary of the respondent-Digambar Samiti from the management