[2026:RJ-JD:14680]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 24949/2025

1. Ranjeetmal Ganeshmal Vyas Dharamshala, Ramdevra (Runicha) Through Managing Trustee Abhishek Acharya S/o Late Sh. Anand Kumar Acharya, Aged About 41 Years, R/o Chhabili Ghati, Bikaner.

2. Abhishek Acharya S/o Late Sh. Anand Kumar Acharya, Aged About 41 Years, R/o Chhabili Ghati, Bikaner.

----Petitioners Versus

1. State of Rajasthan, Through The Secretary To The Government, Department of Devasthan, Rajasthan, Jaipur.

2. Commissioner, Devasthan Department, Rajasthan, Udaipur.

3. Assistant Commissioner, Devasthan Department, Jodhpur.

4. Khushalchand S/o Late Shri Ghanshyam Das, Resident of Chhabili Ghati, Bikaner.

5. Sundarlal Vyas S/o Premnarayan Vyas, Resident Of Chhabili Ghati, Bikaner.

6. Jitendra Vyas S/o Premnarayan Vyas, Resident Of Chhabili Ghati, Bikaner.

7. Naveen Kumar Vyas S/o Premnarayan Vyas, Resident of Chhabili Ghati, Bikaner.

----Respondents For Petitioner(s) : Mr. M.S. Purohit For Respondent(s) : Mr. Virendra Acharya HON'BLE MR. JUSTICE KULDEEP MATHUR

O RDER

Reserved on: 25/03/2026 Pronounced on: 30/03/2026

1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioners seeking the following reliefs:

“It is, therefore, respectfully prayed that this writ petition may kindly be allowed and;

(a) by appropriate writ, order or direction, proceedings in pursuance of Application in Form no. 8 (Annex. 16) pending before respondent No. 3 Assistant Commissioner, Devasthan Dept., Jodhpur in case no. 2/2025/Jaisalmer titled as Khushalchand Vyas v/s. Abhishek Acharya, may kindly be quashed and set aside;

(b) by appropriate writ, order or direction, impugned order dated 02.12.2025 (Annex.22) passed by respondent No.3 Assistant Commissioner, Devasthan Dept., Jodhpur may kindly be quashed and set aside;

(c) by appropriate writ, order or direction, application (Annex.

20) filed by the petitioner may kindly be allowed;

(d) by appropriate writ, order or direction, Application in Form no. 8 (Annex. 16) pending before respondent No. 3 Assistant Commissioner, Devasthan Dept., Jodhpur in case no. 2/2025/Jaisalmer titled as Khushalchand Vyas v/s. Abhishek Acharya, may kindly be dismissed & quashed.”

2. Learned counsel for the petitioner submitted that the dispute in the present writ petition pertains to the management and trusteeship of Ranjeetmal Ganeshmal Vyas Dharamshala Trust. It was submitted that respondent No. 4 is son of Ghanshyam Das, who was the grandson of Ganeshram. Ganeshram was the executor of the trust deed executed between Kishanlal (the adopted son of Ranjeetmal) and Ganeshram for the management of the aforesaid trust.

3. Learned counsel further submitted that the petitioner (Abhishek Acharya), being the Management Trustee of the Trust, had filed an application under Section 23 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as “the Act of 1959”) in the prescribed format for effecting changes in the entries recorded in the register maintained by the Devasthan Department. The said application was rejected vide order dated 16.03.2000 by the Assistant Commissioner, Devasthan Department, Jodhpur, on the ground that the issue regarding succession to Kishanlal who had executed the trust deed with Ganeshram was a civil dispute, triable only by a competent civil court. The appeal preferred against the order dated 16.03.2000 was also dismissed by the Commissioner, Devasthan Department, vide order dated

25.02.2002. Simultaneously, a direction was issued that, since Kishanlal Vyas (the then working trustee) had expired, proceedings under Section 41 of the Act of 1959 for appointment of a new working trustee be initiated.

4. Learned counsel submitted that the order dated 25.02.2002 was challenged by the petitioner before this Court by filing S.B. Civil Writ Petition No. 404/2005. This Court, vide order dated 18.07.2005, had stayed the operation and effect of the impugned order date