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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

: O R D E R :

Bhanwar Lal Kalani

Vs.

Asstt. Commissioner, Devathan & Others

(S.B. Civil Writ Petition No.4662/2009)

DATE OF ORDER : August 29, 2012

P R E S E N T

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

_________________________________________

Mr. P.M. Vyas, for the petitioner.

Mr. M.C. Bhoot, Sr. Advocate with Mr. Surendra

Singh for respondents No.2 and 3.

Mr. S.G. Ojha/Mr. Manoj Bohra for the respondent.

BY THE COURT :

Instant writ petition has been filed by the petitioner

who is life-time member and trustee of Shri Sachhiyay Mata

Trust, Oriyan, Jodhpur, in which, he has challenged

impugned order dated 25.03.2009 passed by the District

Judge, Jodhpur in Civil Misc. Case No.125-A/2007, by

which, application/appeal filed under Section 51(2) of the

Rajasthan Public Trusts Act, 1959 (in short, referred to

hereinafter as “the Act of 1959”) was allowed and two

orders passed by the Assistant Commissioner, Devasthan

Department, Jodhpur in Case No.6/2006 dated 28.09.2007

were set aside.

As per facts narrated in the writ petition Shri

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Sachhiyay Mata Trust, Osiyan, Jodhpur is a trust duly

registered with the office of the Assistant Commissioner,

Devasthan Department, Jodhpur. The said Trust was

constituted for management of religious and historic temple

of Osiyan Mata and bye-laws were framed to regulate the

management. Under the Constitution of the Trust, all the

members of the Trust constitute General Assembly and the

General Assembly is empowered to elect the members of

the Board of Trustees.

At the time of filing the writ petition, there are 12

members of the Board of Trustees and all the trustees are

bound to follow the Constitution of the Trust; but, according

to the petitioner, they have not followed the same and, due

to violating the Constitution, they are not managing the

Trust property in the manner as prescribed under the

Constitution.

The petitioner earlier preferred writ petition which was

registered as S.B. Civil Writ Petition No.1386/2006, in

which, the petitioner was permitted to withdraw the writ

petition so as to approach the authorities of Devesthan

Department to raise his grievance before them. The said

writ petition was dismissed as withdrawn vide order dated

10.03.2006.

After dismissal of the above writ petition, the

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petitioner approached the Devasthan Department, Jodhpur

by way of filing application under Section 38 of the Act of

1959. After issuing notice of the application, reply was

filed to the application in which an objection was raised that

litigation is pending before the civil Court, therefore, the

Assistant Commissioner should not proceed further. The

Assistant Commissioner, after receiving reply, instituted

proceedings under Section 51 of the Act of 1959 and, at the

time of instituting the aforesaid proceedings, there were

vacancies of the office-bearer members of the Board of

Trustees and the working trustees did not give the

information of the vacant seats within 20 days, therefore,

the Assistant Commissioner instituted proceedings under

Section 51 of the Act of 1959. The Ex-President wrote

letter to the Assistant Commissioner, Devasthan

Department, Jodhpur on 12.06.2006 that no seat is vacant

of the trustees. During the pendency of the proceedings,

the Assistant Commissioner prepared inspection report

dated 20.08.2007 and came to the conclusion that before

passing order under Section 51, proceedings under Section

23 (2)(3) is necessary to determine the vacancies of the

Board of Trustees. Aforesaid proceedings were taken up

and finally decided vide two separate orders dated

28.09.2009.

The Assistant Commissioner determined

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vacant seats as per Section 23 of the Act of 1959 and under

Section 51 framed programme for holding elections.

As per facts, d