PARAG KUMAR & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) Petitioners, the alleged trustees of respondent No.4 Public Trust, registered under the Rajasthan Public Trusts Act, 1959 (for short, 'Act of 1959), have laid this writ petition craving therein undermentioned reliefs:

(2.) In the writ petition, it is inter-alia averred that the affairs of the Trust are managed by family and decedents of original religious head Shri Vallabhacharyaji. It is further averred that presently the trust is headed by its President Mr. Brijesh Kumar alias Vrajesh Kumar and some of the petitioners are his siblings and some family members. It is also submitted in the writ petition that a dispute cropped up between Mr. Brijesh Kumar alias Vrajesh Kumar and petitioners No.1 & 2 vis-a-vis management and administration of various other temples owned by the family and for which a civil suit was laid at Vadodara in the State of Gujarat which was finally decided.

(3.) The suit was decided in terms of compromise arrived at between the rival parties to settle the dispute perpetually, however, it appears that despite settlement of dispute by way of compromise the sense of discord and acrimony between Mr. Brijesh Kumar alias Vrajesh Kumar and the petitioners is subsisting and that has prompted the petitioners to lay an application under Sec. 38 of the Act of 1959 before the second respondent Commissioner, Devasthan Department, Udaipur. In the writ petition, it was inter-alia pleaded that despite laying petition under Sec. 38 of the Act of 1959 no effective proceedings are undertaken by the Commissioner Devasthan, therefore, requisite directions be issued in this behalf.