SHANKAR LAL TIWARI Vs. VAIDYA RAM NIWAS JOSHI

JUDGEMENT

(1.) PRESENT petition is directed against the order dated 23. 7. 2001 passed by the Commissioner, Devasthan Department in appeal No. 3/2001 filed by respondent No. 1.

(2.) THE brief facts of the case are that there is a temple of Shri Krishna Behariji situated in Purani Basti, Jaipur. This temple was constructed more than 100 years ago. It is allowed that the temple was constructed by the ancestors of the petitioner and the former Jaipur State has sanctioned State Grants in various villages for the Sewa-Pooja and for the maintenance of the temple. THE last grantee in whose favour the Matmi was sanctioned by the former Jaipur State was Tiwari Govind Bus, was died on 20. 3. 46. THEreafter, the Board of Revenue for Rajasthan, Jaipur in case No. 49/matmi-Jaipur of Samvat 2006 vide its order dated 14. 8. 50 recognised Ghisi Lal as the successor of last grantee Govind Bux and sanctioned the Matmi in his name.

(3.) LEARNED counsel for the petitioner further submits that since the notice under Section 70 is issued, the question does not arise to examine the aspect under Section 70 and the enquiry is required to be conducted under Section 18 and no finding also required to be given under Section 19. Thus the appeal, which has been preferred by respondent No. 1 under Section 20 before the Devasthan Commissioner is without jurisdiction.