SHISHRAM BHAGAT Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) Learned counsel for the petitioner contended that the petitioner is son of one of the trustees of Respondent No. 3-Trust, namely Baba Mohan Ram Kali Kholi Wala Trust, which was registered as a Rajasthan Public Trust with Devasthan Department, Bharatpur. As per Clause 13 of the Trust Deed(Annexure-2), the period of elected Managing Committee is three years, the earlier election of the Managing Committee took place in 2006 and Respondent No. 4, Amar Singh took charge of Chairman on 23.05.2006. Thereafter, no election of the Trust took place. However, the petitioner came to know that the Respondent No. 4, Amar Singh informed the Assistant Commissioner-II, Devasthan Department, Jaipur, vide Annexure-6 to the effect that election of Managing Committee has taken place on 15.06.2009 and the same may be confirmed. The petitioner was not aware about said election and even if the said election has taken place, the same is not in accordance with law, therefore, the petitioner moved an application before Assistant Commissioner-II, Devasthan Department, Jaipur under Order 1 Rule 10 C.P.C. to implead him as a party on 20.06.2011 and also moved another application under Section 340 Cr.P.C. on 11.07.2011, but Assistant Commissioner-II, Devasthan Department, Jaipur is not deciding the applications of the petitioner. The petitioner has also served a notice for demand of Justice(Annexure-9) on 21.07.2011 upon the respondents, but neither the applications filed by the petitioners have been decided by Assistant Commissioner-II, Devasthan Department, Jaipur nor Respondent No. 4 is being restrained from acting as Chairman of the Trust. He, therefore, contended that Respondent No. 2, Assistant Commissioner-II, Devasthan Department, Jaipur be directed to decide the applications filed by the petitioners at the earliest.

(3.) I have considered submissions of learned counsel for the petitioner and examined the same in the light of documents placed on record alongwith writ petition.