SADHU RAMDAS GURU PRAHALADDAS Vs. MAHANT PRAHALADDAS LAXMANDAS

JUDGEMENT

(1.) First Appeal No. 1454 of 1979 is filed by the appellant herein original applicant before this Court challenging the judgment and order passed by the learned District Judge, Banaskantha at Palanpur dated 6-8-1979 passed in Civil Misc. Application No. 22 of 1977 in dismissing the said application and confirming the order passed by the learned Joint Charity Commissioner, Ahmedabad dated 25-4-1977 passed in Scheme Application No. 16/70 by which the learned Joint Charity Commissioner has passed an order to frame the Scheme with respect to the properties of Ramji Mandir treating the properties of Ramji Mandir as public trust properties and considering Ramji Mandir as public trust.

(2.) It appears from the record and the impugned orders that the properties of Ramji Mandir, Deesa were treated as public trust properties and therefore, by impugned orders the Scheme for proper management of the same was framed by the learned Joint Charity Commissioner and the same confirmed upto the appellate Court. It also appears from the record that during the pendency of the present appeals in Inquiry Case No. 4677/52 the learned Assistant Charity Commissioner, Banaskantha at Palanpur has passed an order on 16.8.2004 treating Ramji Mandir temple as well as its properties as private properties and the temple was not treated as public trust.

(3.) Learned advocates appearing for the appellants as well as the Charity Commissioner have submitted that in the year 1952 an application was submitted under Section 80 of the Bombay Public Trust Act under protest and against the registration of the temple as public trust and an appeal was preferred by one of the appellant under Section 70 of the Bombay Public Trust Act before the learned Charity Commissioner, Ahmedabad, which was dismissed for non-prosecution against which Prahladdas preferred appeal before the learned District Judge, Banaskantha at Palanpur and the learned Joint District Judge allowed the said appeal and remanded the matter to the learned Charity Commissioner, Ahmedabad for deciding the same on merits and on remand the learned Charity Commissioner, Ahmedabad has remanded the matter to the Assistant Charity Commissioner for deciding the matter afresh on merits and on remand the learned Assistant Charity Commissioner, Banaskantha at Palanpur by its order dated 16.8.2004 in an Inquiry Case No. 4677/52 has held that the temple and its properties are private properties and accordingly the learned Assistant Charity Commissioner has passed an order to cancel the registration of the temple as public trust.