TaxTMI 
TaxTMI 
2014 (4) TMI 1101
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.... Mahant Shri Ramodaracharya challenging the notifications dated 17.09.2004 whereby Chapter 10 of the Rajasthan Public Trust Act, 1959 was made applicable to the Trust and notification dated 18.09.2004 whereby a Committee under Section 53 of the Act was appointed in respect of the Trust. D.B. (Civil) Writ Petition No. 5650 of 2007 was filed by the Mandir Thikana Shri Galtaji. Though D.B. (Civil) W.P. No. 6607 of 2004 and D.B. (Civil) W.P. No. 5650 of 2007 were filed before the learned single Judge, as all the issues revolve around Galta Peeth and properties of Thikana Galta, the writ petitions before the learned single Judge were called and a common order was passed by the High Court. 3. For better appreciation of facts, the relief sought in D.B. (Civil) W.P. No. 2321 of 2006, which is a Public Interest Litigation, the order which is impugned in the Civil Appeal @ SLP(C) No. 28021 of 2010 is extracted below: (i) by an appropriate writ, order or direction in the nature whereof, this Hon'ble Court may be pleased to declare that the Galta Peeth / Thikana, its temples and properties are public properties and not private or individual properties and it may be dealt with in the manner ....
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.... 1 of 2007. Respondent No. 4 in that writ petition consented for the disposal and adjudication of these issues by the Assistant Commissioner. Accordingly, the High Court, passed common order in the writ petitions in the following terms: "We have considered rival submissions made by the learned counsel for the parties and perused the record. The issues raised in two Public Interest Litigations have been narrated while dealing with the arguments of learned counsel for the petitioners. The first issue is regarding nature of appointment of Mahant in the year 1943. As to whether the post of Mahant will go in succession to the legal heirs in view of the fact that late Mahant Ramodaracharya is no more. The other issue is that as to whether the property of Galta Peeth/Thikana is public property or property belonging to individual. According to us, both the issues are pending consideration before the Assistant Commissioner, Devasthan Department as it has been admitted by the learned counsel for the respondent No. 6 (Avdesh Kumar), who is presently holding the post of Mahant. In view of aforesaid, Public Interest Litigations can be disposed of as one and the same issue cannot be decided i....
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.... "It is agreed by all the parties that till the matter is decided by the Assistant Commissioner, Devasthan Department, they will maintain status quo in respect of the office of Mahant as well as regarding property of Galta Peeth/Thikana." 9. Aggrieved by the order passed in D.B. (Civil) W.P. No. 2321 of 2006, Civil Appeal @ SLP(C) No. 28021 of 2010 was filed and whereas against the order passed in D.B. (Civil) W.P. No. of 6607 of 2004 which was filed by the father of the 4th respondent herein, wherein the appellant herein was not a party, has sought leave of the Court and preferred Civil Appeal @ SLP(C) No. 28022 of 2010 on the ground that the High Court without going into the merits, rendered the matter infructuous and which resulted in miscarriage of justice and irreparable injury to the public interest. Accordingly, these two appeals are placed before us, which arise out of a common order of the High Court. 10. We have heard the counsels at length. It is mainly contended by the learned counsel appearing for the appellant that the writ petitions were disposed of by the High Court without considering any of their contentions and particularly the reliefs sought in writ petitions....
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....th regard to the custom or usage and, as per the provisions of Section 53(1) of the Act a committee of management has to be appointed in place of the Respondent No.4 by the State to protect the properties of the Galta Peeth and the Respondent No.4 cannot appoint his own trustees and the State Government has to appoint the working trustee in accordance with the Act. 14. During the pendency of the reconstitution of the Committee of Management under Section 53 of the Act, a direction to the State Government was sought to appoint a Managing Committee of independent persons to protect the interests of the trust. He contended that the order of the High Court disposing of the writ petition was unmindful and has resulted in serious miscarriage of justice and irreparable injury to public interest. Under Section 53 of the Act, the Government is bound to appoint another Committee or re-appoint the erstwhile members of the Committee. The High Court has created a vacuum not contemplated by the Act, which is against public interest. 15. In support of his contentions, learned senior counsel for the appellant has relied upon the decisions of this Court in Seth Badri Prasad Vs. Seth Nagarmal & Or....
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.... Division Bench of the High Court, it is contended that after the disposal of the writ petition, as per the directions of the High Court, the appellant herein has impleaded himself and filed objections before the Assistant Commissioner in the statutory appeal. Taking into consideration the provisions of Sections 21, 38 and 41 of the Act, the Assistant Commissioner rejected the same by three separate speaking orders dated 28th March, 2013. Against those orders, the appellant has already filed appeals before the Commissioner, which are pending for consideration. Hence these Civil Appeals are not maintainable. 21. Apart from preliminary objections, learned counsel appearing for the respondents addressed on the main issues also and relied upon different provisions of the Act. The counsel brought to our notice that in fact as early as on 19-5-1928 itself a list of properties of Galta Peeth was drawn up, including some of the private properties of the Mahant i.e. residential house etc. Thereafter, a series of legal proceedings have taken place between the Government, private parties and the Galta Peeth and their rights are crystallized in the respective litigations. According to him, th....
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....iew of the extensive arguments submitted on behalf of either side, the following issues fall for consideration before this Court: 1. Whether the High Court was right in relegating the parties to the Assistant Commissioner without going into the merits and legal issues involved in the case? 2. Whether the Assistant Commissioner has got the authority and jurisdiction under the Act to deal with complicated issues involved in the matter? 3. Whether the appellant herein is aggrieved by the order passed in Writ Petition (C) No. 6607 of 2004, wherein the writ petition was dismissed as infructuous? 26. Before we deal with the above issues, it is necessary to examine the relevant provisions of the Rajasthan Public Trust Act, 1959 which came into force w.e.f. 1st July, 1962. Chapter 5 of the Act covers Sections 16 to 29 and it deals with Registration process of a public trust. As per Section 16, the Assistant Commissioner shall be in charge of the registration and he maintains a register. Section 17 explains the procedure for registration of public trusts which reads thus: Sec. 17 - Registration of public trust: 1. Within three months from the date of the application of this secti....
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....lication made under sub-section (1) shall be signed and verified in accordance with the manner laid down in the code of Civil Procedure, 1908 (Central Act v if 1908) for signing and verifying plaints. It shall be accompanied by a copy of the instrument of trust (if such instrument has been executed and is in existence) and, where the trust property includes immovable property entered in a record of rights, a copy of the relevant entries relating to such property in such record of rights shall also be enclosed. 6. No Assistant Commissioner shall proceed with any application for the registration of a public trust in respect of which an application for registration has been filed previously before any other Assistant Commissioner, and the Assistant Commissioner before whom the application was filed first shall decide which Assistant Commissioner shall have jurisdiction to register the public trust. 7. An appeal against the order of the Assistant Commissioner before whom the application was filed first, given under subsection (6) may be filed within sixty days before the Commissioner and, subject to the decision on such appeal, the orders of the Assistant Commissioner under sub-sec....
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....ssistant Commissioner under Sec. 19 may, within two months from the date of its publication on the notice board of the Assistant Commissioner, file an appeal before the Commissioner to have such finding set aside or modified." 29. Section 21 of the Act prescribes that the Assistant Commissioner shall cause entries to be made in the register and under sub-section (2) the entries so made shall become final and conclusive. As per Section 22, if anyone is aggrieved by any entry, he may institute a civil suit. If there is any necessity for changes in the entries so recorded in the register, the working trustee can make an application under Section 23(1) to the Assistant Commissioner. After holding an inquiry under Section 23(2) the Assistant Commissioner can change the entries. Section 24 enables the Assistant Commissioner to undertake further inquiry, at any time after the entries are made under Section 21 or 23. The said Section reads thus: 24. Further inquiry by Assistant Commissioner: If, at any time after the entries or amended entries are made in the register under Section 21 or section 23, it appears to the Assistant Commissioner that any particulars relating to any public t....
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....of the report of the auditor made under Section 34, is of the opinion that material defects exist in administration of the public trust, he may require the working trustee to submit an explanation thereon within such period as he thinks fit. 34. Some special provisions are provided to public trusts under Chapter 10. Section 52 emphasizes how this chapter is applied to a public trust. It provides that this Chapter applies to every public trust which has a gross annual income of Rs. 1.00 lakh or more or is maintained or managed by the State Government. Sub-section (2) provides that it is the duty of the State Government to publish in the official gazette a list of the public trusts to which this chapter applies. The amended sub-section (3) makes it clear that for the purpose of maintaining public order, the State Government may suspend by notification in the official gazette, the application of this Chapter to any public trust or the procedure for constitution of committee of management under this Chapter for such period as may be specified in such notification. 35. Section 53 as amended on 9th May, 2007 provides that if the State Government is satisfied with the public interest, i....
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....o deal with the registration of a public trust; (b) making of entries in the register, their correction and inquiry, if any; (c) duties of auditor and inspection of balance sheet by any person interested in such public trust; (d) application by any person seeking directions from the Assistant Commissioner to appoint a new working trustee on the ground that the properties of the trust are not being properly managed or administered; (e) power of the Assistant Commissioner to ask for explanation of the working trustee about the administration of the trust; and (f) in case of mismanagement, power of the State Government to appoint a new committee of management etc. 41. Now in the light of the above provisions of the Rajasthan Public Trust Act, we would like to deal with the submission of the counsel on either side and the legality or otherwise of the order passed by the High Court. It appears from the material placed before us that there is a long standing dispute with regard to the properties of the Galta Peeth/Thikana which was established in the 15th century by one Mahant Shri Krishnadas Payohari. Later on 06.07.1943, Ramodaracharya, the father of respondent No.4 herein was appoin....
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.... Public Trust, by providing effective mechanism, we are unable to agree with the contentions advanced by the learned counsel that the Assistant Commissioner has no jurisdiction to adjudicate the disputes involved, because the Act clearly demonstrates the power and jurisdiction of the Assistant Commissioner in deciding the issues pertaining to public trust and particularly the issues raised before us. 43. Apart from that, the appellant herein has impleaded himself in the applications pending before the Assistant Commissioner which were disposed of by him vide orders dated 28.03.2013, and against those orders of the Assistant Commissioner, it appears that the parties have preferred appeals as provided under the Act. The appellant having availed the alternative remedy available under the Act, however, approached this Court by way of these Civil Appeals. In our opinion, the appellant cannot be permitted to avail two remedies simultaneously, and such conduct of the appellant is abuse of process of Court. It is no doubt settled law that mere availability of alternative remedy cannot be a ground to reject the relief in a Public Interest Litigation, but in the facts and circumstances of t....
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....o. 6607 of 2004 has not chosen to implead himself nor objected to the withdrawing of the writ petition when the order was passed in his presence. He is taking such an objection and such plea for the first time before this Court. He relied on Shehla Burney (Dr.) Vs. Syed Ali Moosa Raza & Ors. (2011) 6 SCC 529; that on technical objection, this Court cannot reject to grant relief to the appellant in this Public Interest Litigation. There is no dispute with regard to the legal proposition that technicalities should not come in the way of the Court in granting relief in a Public Interest Litigation, but application of a legal proposition depends upon the facts and circumstances of each case. Here we deem it appropriate to extract Section 53 which reads thus: Sec. 53 - Management of public trusts to which this chapter applies: 1. Notwithstanding anything contained in any provision of this Act or in any law, custom or usage, if the State Government is satisfied that it is expedient in public interest so to do, it may, by notification in the official Gazette, vest the management of a public trust to which this Chapter applies in a committee of management to be constituted by it in the....
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....53, depends upon the satisfaction and necessity felt by the Government. It is brought to our notice that the notification was issued by the Government invoking unamended Section 53 of the Act. The said Section has now been amended on 12.10.2007, where the Government was given discretion to appoint or not to appoint the Committee. We have gone through the amended Section 53 of the Act wherein the word 'may" has been substituted in the place of 'shall'. The Assistant Commissioner has already passed an order and the same is subject matter of appeal before the Commissioner. In view of the same, we are not able to appreciate the contention of the counsel that a permanent Committee has to be appointed to look after the management of the Galta Peeth, and such contention, deserves no consideration by this Court, and is accordingly rejected, and further hold that the order passed by the High Court in D.B. (Civil) W.P. No. 6607 of 2004 is perfectly valid. Accordingly, issue No.3 is answered. Under the circumstances, we cannot give any direction to the Government to invoke Section 53 for appointment of a Committee of Management to the trust. 47. The scope of Public Interest Litigation is ve....
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....cises the said power in terms of a Statute, the State, it is expected, normally would itself probe into the alleged irregularities. If the State through its machinery as provided for in one Act can arrive at the requisite finding of fact for the purpose of remedying the defects, it may not find it necessary to take recourse to the remedies provided for in another statute. It is trite that recourse to a provision to another statute may be resorted to when the State finds that its powers under the Act governing the field is inadequate. The High Courts and the Supreme Court would not ordinarily issue a writ of mandamus directing the State to carry out its statutory functions in a particular manner. Normally, the Courts would ask the State to perform its statutory functions, if necessary within a time frame and undoubtedly as and when an order is passed by the State in exercise of its power under the Statute, it will examine the correctness or legality thereof by way of judicial review". 49. The concept of Public Interest Litigation is a phenomenon which is evolved to bring justice to the reach of people who are handicapped by ignorance, indigence, illiteracy and other down trodden pe....