Rajasthan High Court - Jodhpur
Kanhaiya Lal And Ors vs State Of Raj. And Ors on 16 May, 2022
Bench: Vinit Kumar Mathur
(1 of 3) [CW-1602/2013]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1602/2013
1. Kanhaiya Lal S/o Shri Kumbha Ram Rajpurohit, aged about 53
years, R/o Village-Toliyasar, Tehsil - Sri Dungargarh, District
Bikaner, Rajasthan.
2. Poosa Ram S/o Shri Lichi Ram Rajpurohit, aged about 42
years, R/o Village-Toliyasar, Tehsil - Sri Dungargarh, District
Bikaner, Rajasthan.
3. Shri Bheru Ji Mandir Village-Toliyasar, Tehsil - Sri Dungargarh,
District Bikaner, Rajasthan.
----Petitioners
Versus
1. The State of Rajasthan through the Secretary, Devasthan
Department, Government of Rajasthan, Secretariat, Jaipur.
2. The Commissioner, Devasthan Department, Government of
Rajasthan, Udaipur.
3. The Assistant Commissioner, Devasthan Department, Bikaner
Division, Bikaner.
4. Shri Shanker Lal S/o Shri Khuma Ram Nai, R/o Village-
Toliyasar, Tehsil - Sri Dungargarh, District Bikaner, Rajasthan.
5. Shri Inder Chand S/o Shri Tola Ram Nai, Village-Toliyasar,
Tehsil - Sri Dungargarh, District Bikaner, Rajasthan.
6. Shri Toliyasar Bheru Ji Mandir Trust, Village-Toliyasar, Tehsil -
Sri Dungargarh, District Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Akhilesh Rajpurohit
For Respondent(s) : Mr. D.K. Joshi
Mr. Muktesh Maheshwari
Mr. G.R. Goyal
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
16/05/2022
The present writ petition has been filed against the order
dated 21.11.2012 (Annex. 14) passed by the Commissioner
(2 of 3) [CW-1602/2013]
Devasthan Department, Udaipur in appeal No. 28/2012 (Kanhaiya
Lal & Ors. Vs. Shankar Lal & Ors.).
Learned counsel for the petitioners submits that the order
dated 21.11.2012 (Annex.14) passed by the Commissioner
Devasthan Department on the face of it is erroneous, arbitrary
and illegal and prays that the same may be quashed and set
aside.
At the outset, learned counsel for the respondents have
raised a preliminary objection with respect to the maintainability
of the writ petition. In view of the Section 22 of the Public Trust
Act, 1959, whereby the remedy of filing a civil suit is provided
against the order passed by the Commissioner Devasthan
Department in appeal under Section 20 of the Public Trust Act,
1959. To buttress the contention, learned counsel for the
respondents relied upon a judgment of the Division Bench dated
25.04.2017 passed in D.B. Civil Special Appeal (Writ) No.
41/2001 (Amit Puri and Ors. Vs. State of Rajasthan and
Ors.).
Learned counsel for the petitioners is not in a position to
rebut the submissions made by the counsel for the respondents on
the ground of maintainability of the writ petition.
In view of the submissions made above, this Court is of the
view that the writ petition against the order dated 21.11.2012
passed by Commissioner Department of Devasthan, Udaipur in
Appeal No. 28/2012 is not maintainable and the petitioners may
prefer a civil suit for assailing the validity of the appellate order.
The writ petition, therefore, is dismissed on the ground of
availability of alternate remedy, with a liberty to the petitioners to
(3 of 3) [CW-1602/2013]
approach the civil court by way of filing a civil suit against the
order dated 21.11.2012, if, so felt advised.
In case the petitioners approach the civil court by way of
filing a civil suit within a period of six weeks from today, then the
interim order dated 27.02.2013 passed by this Court shall remain
in currency till the application preferred by the petitioner under
Order 39 Rule 1 and 2 is heard and decided.
It is made clear that the learned trial court while considering
the delay caused in the matter for filing the suit, shall take into
consideration the time period spent by the petitioners in
prosecuting their remedy by way of filing a writ petition before this
Court.
Needless to say that learned trial court will not be influenced
by the order dated 27.02.2013 passed by this Court.
The stay application and other pending applications, if any,
shall stand disposed of accordingly.
(VINIT KUMAR MATHUR),J
17-Payal/-
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