- (1.) This is an intra court appeal filed by the petitioner of W.P. No.9033/2009 under Rule 134 of the Rajasthan High Court Rules against an order dated 20.10.2009 passed by Single Judge in aforementioned writ petition.
(2.) There is one trust called "Shri Hanuman Mandir Agarwal Dharamshala Nyas, Hanumangarh Town". The appellant claiming to be a Pujari of the temple belonging to the Trust had some dispute in relation to some properties so also his status. It was decided by the Tribunal against the appellant and the order of Tribunal came to be upheld by the learned Single Judge by impugned order when he dismissed appellant's writ petition giving rise to filing of this appeal by the writ petitioner i.e. Pujari.
(3.) This is what the learned Single Judge held while dismissing the writ petition and upholding the orders impugned therein: "1. This writ petition is directed against order dated 13.4.09 of Commissioner, Devasthan, Government of Rajasthan, whereby an appeal preferred by the respondent no.4 u/s 20 of Rajasthan Public Trust Act, 1959 (in short "the Act of 1959"), against the order dated 4.12.07 passed by the Assistant Commissioner, Devasthan, Government of Rajasthan, Bikaner, has been allowed. 2. Admittedly, on 13.11.87 when "Shri Hanuman Mandir Agarwal Dharmshala Nyas, Hanumangarh Town" was registered as a Public Trust by the competent authority, the Hanuman Temple and the land adjoining thereto was included in the property of the said Trust. It is also not in dispute that on 12.11.87, the petitioner had submitted an application alongwith an agreement before the competent authority stating that he has no objection if the Hanuman Mandir and the land and building attached thereto are included in the property of Agarwal Dharamshala Trust. Under the said agreement arrived at between the parties, the petitioner has got ownership of a residential house constructed on the land measuring 249.45 square yards and the said property was not included in the assets of the Trust. 3. It is submitted by the learned counsel that the petitioner had preferred the application inasmuch as, the said Trust was not managing the affairs of the temple in befitting manner. 4. It is to be noticed that the matter with regard to the management in the affairs of the temple has been taken care of by the appellate authority inasmuch as, the specific directions have been issued for better maintenance of the temple and for this purpose, it has been directed that the representative of all the castes and communities so also the Pujaris of the temple shall have representation in the Trust. Further, the Managing Trustee of the Trust has been directed to take appropriate measures for the proper management of the temple so that the feelings of the worshipers are not injured. 5. In this view of the matter, in considered opinion of this Court, the order impugned passed by the appellate authority does not suffer from any infirmity, illegality or jurisdictional error warranting interference by this court in exercise of its extra ordinary jurisdiction. 6. In the writ petition fails, it is hereby dismissed." ;