[2025:RJ-JD:47670]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 7017/2011

1. Prem Prakash Bihani, aged 66 years, S/o Late Shri Sagar Mal Bihani, R/o House No. 210, Old Housing Board Colony, Sirsa, District Sirsa, Haryana.

2. Bhanu Prakash Bihani, aged about 60 years, S/o Late Shri Sagar Mal Bihani, R/o House No. 210, Old Housing Board Colony, Sirsa, District Sirsa, Haryana.

3. Prakash Chand Bihani, aged about 56 years, S/o Late Shri Sagar Mal Bihani, R/o Shani Temple Street, Noharia Bazar, Sirsa, Haryana.

4. Smt. Mala Devi, aged about 58 years, W/o Shri Poonam Chand Totla, R/o Totla House, Chhota Bazar, Post Office Sambhar, District Jaipur, Rajasthan.

5. Smt. Sudha Kumari, aged about 54 years, W/o Late Shri Vimal Kumar Maheshwari, R/o Mohta Chowk, Bikaner.

6. Alok Bihani, aged about 41 years, S/o Late Shri Om Prakash Bihani, R/o Shani Temple Street, Noharia Bazar, Sirsa, Haryana.

7. Shri Baijnath Sagarmal Bihani Dharmshala and Hanuman Temple Trust, Hanumangarh through General Power of Attorney Shri Prakash Chand Bihani R/o Sirsa, Haryana.

----Petitioner Versus

1. The State of Rajasthan through the Secretary, Devasthan Department, Government of Rajasthan, Jaipur.

2. The Commissioner, Devasthan Department, Government of Rajasthan, Udaipur.

3. The Assistant Commissioner, Devasthan, Hanumangarh Town, Hanumangarh.

4. Shri Devki Nandan Chotia S/o late Shri Thani Ram, R/o 196, Durga Colony, Hanumangarh Junction, Rajasthan.

----Respondent For Petitioner(s) : Mr. Vikas Balia, Sr. Advocate assisted by Mr. Mudit Nagpal and Mr. Nishant Gaba For Respondent(s) : Mr. Sandeep Soni for Mr. B.L. Bhati, AAG Mr. Siddharth Mewara HON'BLE MS. JUSTICE REKHA BORANA

Order

06/11/2025

1. The present writ petition has been filed aggrieved of order dated 06.12.2010 (Annexure-16) whereby the appeal as preferred by respondent no.4 – Devki Nandan Chotia before the Commissioner, Devasthan Department against order 17.05.2010 (Annexure-13) passed by the Assistant Commissioner, stood partly allowed.

2. Vide order dated 17.05.2010, the Assistant Commissioner proceeded on to reject the application under Section 17(2) of the Rajasthan Public Trust Act, 1959 as filed by applicant (respondent no.4) and proceeded on to allow the application as filed by the present petitioners for registration of the Trust in question.

3. Order dated 17.05.2010 was assailed by respondent no.4 and the Appellate Authority although affirmed the finding of the Assistant Commissioner to the effect that respondent no.4 was not entitled for any relief but then, proceeded on to hold that the property as directed to be registered in favour of the petitioners, would be declared to be a land of public trust for charitable purposes. The Appellate Authority also held that the decree for partition as granted by the Civil Court would not come in way of the said order.

4. Aggrieved of above order, the present writ petition has been filed by the petitioners.

5. Learned Senior Counsel appearing for the petitioners raised the following grounds:-

(i) Learned Appellate Authority exceeded its jurisdiction in proceeding on to declare the land in question to be a land of public trust for charitable purposes without there being any prayer of any of the parties for the same.

(ii) Learned Appellate Authority exceeded its jurisdiction also in holding that a decree of a Civil Court would be of no consequence so far as the land in question is concerned.

(iii) Learned Appellate Authority recorded an incorrect finding to the effect that the land in question was allotted to the fore-fathers of the petitioners at a concessional rate and that too, for charitable purposes i.e. for construction of a Dharmshala.

6. Learned Senior Counsel submitted that the land was purchased by the fore-fathers of the petitioners after paying the complete valuation of the property and not on any concessional/subsidized rate. Further it was nowhere the clause of the Patta that the land would be used mandatorily for Dharmshala onl