BHANWAR LAL KALANI Vs. ASSTT COMMISSIONER

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner who is life-time member and trustee of Shri Sachhiyay Mata Trust, Osiyan, 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 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.

(2.) 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.

(3.) 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 The said writ petition was dismissed as withdrawn vide order dated 10.03.2006.