PARTAP RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition as Public Interest Litigation (PIL) under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner is working as President of a Trust, namely, Shri Mahadev Ji Mandir (Matha), Village Jajiwal Bhatiyan, District Jodhpur and the said trust was registered as Public Trust vide order dtd. 16/11/2007 passed by the Assistant Commissioner, Devsthan Department, Jodhpur under Rajasthan Public Trust Act, 1959 (hereinafter referred to as 'Act of 1959'). After the said registration, the management of the aforesaid Temple was handled by the Trust Committee, including the bank account and audit report.

(3.) Learned counsel for the petitioner submitted that the respondents' order to withhold the compensation amount, payable towards acquisition of the Temple's khatedari land, is arbitrary and illegal. It was also argued that once the compensation award has been passed, the Temple is fully entitled to receive the said amount.