NARAIN LAL Vs. PRABANDHKARINI COMMITTEE

JUDGEMENT

(1.) Since, these civil misc. appeals arise out of a common order dtd. 27/10/1994, passed by the learned Additional District and Sessions Judge, No.2, Jaipur Nagar, in case No.45/1985 and 44/1985, whereby, the case pending under Sec. 40 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as "the Act of 1959") were ordered to be abated, on application of respondent under Sec. 4 of the Places of Worship (Special Provisions) Act, 1991 (hereinafter referred to as "the Act of 1991") and hence, are being decided together.

(2.) Shorn of the facts, deceased-appellant Shri Narain Lal, a votary of the Shwetambar Sect of the Jain Community filed an application under Sec. 38 of the Act of 1959 before the learned Assistant Commissioner, Devasthan Department to grant permission to make an application before the learned District Court to seek direction against the respondent-Prabandhkarini Committee Digambar Jain Atishaya Kshetra Shri Mahaveerji (hereinafter referred to as the 'Digambar Samiti') with respect to the management and administration of the well-known Jain Temple known as the temple of Mahavirji, situated in the town of Mahavirji in Sawai Madhopur.

(3.) The application was allowed by the Sub-Divisional Officer vide order dtd. 23/12/1970, and the deceased-appellant was directed to file application as prayed for. The order dtd. 23/12/1970 was challenged by the respondent before this Court in writ petition bearing No. S.B. Civil Writ Petition No. 60/1971, which was dismissed by a Co-ordinate Bench of this Court vide order dtd. 8/1/1972. Against the said order, a D.B. Civil Special Appeal was also preferred before the Division Bench, which came to be dismissed vide order dtd. 10/5/1972.