C.L.SONI J. - (1.)By the present petition filed under Article 226 of the Constitution of India, the petitioner has made following prayers : -
(a) Be pleased to admit this petition;

(b) Be pleased to declare that the action of the respondent no.2 in effecting entry no.12 in PTR at Annexure -E is absolutely wrong, illegal, unconstitutional, wrong, illegal, arbitrary and unauthorized;

(c) Be pleased to direct the respondents to make entry in the register as required under the provisions of section 26 of the Bombay Public Trust Act, pending the admission and final disposal of this petition;

(d) ..... ''

(2.)The case of the petitioner is that Vadnagar Hatkeshwar Mahadev temple is approximately 1200 years old, managed by the Charitable Trust named Hatkeshwar Mahadev Sanstha, Vadnagar, registered under the Bombay Public Trusts Act, 1950 ( 'the Act '). In respect of such Trust, an application was preferred, being Scheme No.9/1994, by one Jawahar V. Mehta and in pursuance of such application, the scheme was framed by the Joint Charity Commissioner vide order dated 27.2.2003 and entries for such scheme were made in the Public Trust Register (PTR) maintained under the Act. Such scheme was however challenged under Section 72 of the Act, by preferring an application, being C.M.A. No.120 of 2004, which was allowed by the Fast Track Court vide its order dated 30.9.2010 and the scheme was set aside. Against such order, First Appeal No.3838 of 2010 is preferred and is pending before this Court. The petitioner however came to know through the information provided under the Right to Information Act that some persons claiming to be the trustees were unauthorizedly dealing with the property of the Trust under the guise of entries made in the PTR. It is further case of the petitioner that one Entry No.12 is made in PTR contrary to the provisions of Sections 22 and 26 of the Act.
(3.)This petition is opposed by Affidavit -in -Reply filed on behalf of respondent No.2 stating that Entry No.12 made in PTR is of an order passed by learned Fast Track Court, Mehsana in C.M.A. No.120 of 2004 as by the said order, Scheme No.9 of 1994 formulated by the Joint Charity Commissioner was set aside. It is further stated that provision of Section 26 requires such entry to be effected in PTRregister kept under Section 17 of the Act and thus, there is no illegality in the matter of making Entry No.12 in the PTR.