HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 4707/2021

1.

Dr. K.l Jaiswal S/o Late Shri Laxmi Chand Jaiswal,

Resident Of Niwai Mahant Ka Bagh, Anandpuri, Moti

Doongari Road, Jaipur.

2.

Janak Kumar Saini S/o Shri Nanagram Mali, Resident Of

Niwai Mahant Ka Bagh, Anandpuri, Moti Doongari Road,

Jaipur.

3.

Om Prakash Sharma S/o Shri Purshoottam, Resident Of

Niwai Mahant Ka Bagh, Anandpuri, Moti Doongari Road,

Jaipur.

4.

Mukesh Kumar Saini S/o Late Shri Babu Lal Saini,

Resident Of Niwai Mahant Ka Bagh, Anandpuri, Moti

Doongari Road, Jaipur.

5.

Girdhari Lal Saini S/o Late Shri Babu Lal Saini, Resident

Of Niwai Mahant Ka Bagh, Anandpuri, Moti Doongari

Road, Jaipur.

6.

Preetam Kumari D/o Shri Ganesh Narayan, Resident Of

Niwai Mahant Ka Bagh, Anandpuri, Moti Doongari Road,

Jaipur.

7.

Prahalad Kumar Meena S/o Late Shri Shri Ram Laxman

Meena, Resident Of Niwai Mahant Ka Bagh, Anandpuri,

Moti Doongari Road, Jaipur.

8.

Kailash Meena S/o Late Shri Ramgopal Meena, Resident

Of Niwai Mahant Ka Bagh, Anandpuri, Moti Doongari

Road, Jaipur.

----Petitioners

Versus

1.

Assistant Commissioner-I, Devsthan Department, Jaipur.

2.

Shri Dadu Dwara, Through Acting Trustee Mahant, Niwai

Ke Mahant Ka Rasta, Jaipur.

3.

Anupama Swami, Resident Of Niwai Mahant Ka Bagh,

Adarsh Nagar, Jaipur.

4.

District Collector, Jaipur.

----Respondents

For Petitioner(s)

:

Mr. R B Mathur

(2 of 5)

[CW-4707/2021]

For Respondent(s)

:

Mr. Narendra Kumar

Mr. Prahlad Sharma

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order

07/05/2021

The petitioners by way of this petition seek to challenge the

order dated 10.03.2021 passed by the Assistant Commissioner-1,

Devsthan, whereby application moved by petitioners under

Section 10 CPC dated 09.10.2015 has been dismissed directing to

further proceed with the application moved under Section 23.

Learned counsel for the petitioners submits that the entry of

mutation by the concerned Tehsildar, has been challenged by one

Dr. Ramdayal Soni in appeal before the Collector bearing No.

38/14. While the said appeal was pending, application has been

moved under Section 23 for further entering in the record the

name in terms of mutation already done by the Tehsildar.

Learned counsel submits that despite such an application

bearing No. 28/15 is pending before the Devasthan Commissioner,

the petitioners have moved an application under Section 10

requesting the Addl. Commissioner-I Devasthan not to proceed

with the application moved under Section 23 of the Public Trust

Act as an appeal was already pending against the original

mutation entry before the Collector.

Learned counsel submits that the petitioners also

subsequently have filed an appeal against the order of entry of

mutation before the Commissioner on 09.11.2015 which is also

pending. Learned counsel further submits that when the basic

issue regarding correctness of the entry of mutation is still sub-

(3 of 5)

[CW-4707/2021]

judice before the Collector, there was no occasion to proceed

further with the proceedings under Section 23 by Devasthan

Commissioner and he ought to have stayed the proceedings.

Counsel further submits that Provisions of Section 10 would

have direct application and would bar the proceedings before the

Commissioner Devasthan and the order dated 10.03.2021 is

therefore liable to be set aside.

Learned counsel has taken this court to the provisions of

Section 10 to submit that the proceedings before the Devasthan

Commissioner are directly and substantially an issue before the

Collector and therefore Devasthan Commissioner ought to stay the

further proceedings and it is also stated that for last six years, the

application has remained pending and Devasthan Commissioner

did not proceed further and no such occasion has arisen to

proceed now after six years.

Per contra lea