- (1.) THIS intra court appeal has been preferred aggrieved by the order dated 26.5.2010 passed by the Single Bench of this Court in CWP No.4686/2010. The order passed by the Assistant Commissioner, Devasthan Department, Jodhpur on 5.10.2009 was subject matter of challenge before the Single Bench in writ application. The dispute was with respect to the Trust called Shri Gautam Rishi Trust at Sirohi. In Misc. Appeal No.251/2010 which arose out of the pending civil suit and relegated the parties to the remedy before the Assistant Commissioner. The order dated 5.10.2009 was set aside and the Assistant Commissioner was directed to hear all concerned parties and thereafter decide the same in accordance with Section 38 of the Rajasthan Public Trusts Act, 1959 (referred to herein after as 'the Act of 1959'). The Assistant Commissioner till the conclusion of the proceedings appointed one interim committee to manage the affairs of the trust. Interim order was passed on 15/19.3.2010. Naib Tehsildar, Sheoganj was appointed as Chairman and 3 other persons were appointed as members. The Single Bench did not interfere in the order on the ground that it is interim arrangement till the conclusion of the proceedings. No grievance can be raised against the formation of the committee by the petitioner. It was ordered that the Assistant Commissioner to conclude the proceedings within three months from the date of the order passed by this Court.
(2.) THEREAFTER, it is not in dispute that the order has been passed by the Assistant Commissioner on 19.11.2010. Parties were directed to approach the District Court for preparation of the scheme. The case has been disposed of by the Assistant Commissioner. Pursuant to the order passed, the appellant has approached the District Court for preparation of the scheme within the purview of Section 40 of the Act of 1959. The proceedings are pending consideration before the concerned District Court. It is apprehended by the appellant that though final order has been passed by the Assistant Commissioner, the interim arrangement which has been ordered may continue even during the pendency of the case before the District Court. However, it is not in dispute that learned Counsel Shri M.C. Bhoot has submitted that for interim arrangement, no application has been filed before the District court. Thus, he has submitted that it may be clarified that on a proper application being filed, the District Court shall consider the prayer as the previous order was confined to the proceedings pending before the Assistant Commissioner. Now the proceedings stand concluded as such it is open to the District Court to pass appropriate order with respect to the interim arrangement. Learned counsel for the respondents have submitted that since interim arrangement has been ordered and for framing of the scheme, now the case is before the District Court, it would be appropriate to direct continuation of same interim arrangement during pendency of the proceedings of the District Court also. Hence, no case for interference in the intra court appeal is made out. It is apparent from the order dated 15/19.3.2010 passed by the Assistant Commissioner that it was an interim arrangement order which was passed during pendency of dispute before it. The order was not supposed to continue beyond the culmination of the proceedings when the parties have been asked to approach for framing of the scheme to the District Court. Single Bench of this Court has also observed with respect to the order in paragraph 11 thus, "In my considered opinion, it being only an interim arrangement made till conclusion of proceedings, no grievance can be made against the formation of a committee by the writ petitioners. Let the Assistant Commissioner now conclude the proceedings within three months from the date of this order as directed by this Court in its order dt. 24.2.2010 passed in M.A. 251/2010. It is, however, expected that both the writ petitioners and respondents no. 3 to 5 would cooperate in smooth functioning of a committee so that affairs of the trust are managed properly for the benefit of public at large." It is apparent that the order was purely interim one and now the proceedings stand concluded before the Assistant Commissioner. In the circumstances, as the matter is before the District Court, it is open to the parties to file appropriate application before the District Court. The same shall be considered and decided unfettered of the previous orders passed. It is made clear that it is open to the District Court to continue the same interim arrangement or such to pass an order as it may deem appropriate to take care of management during the pendency of the proceedings. The interim arrangement which was ordered shall continue to operate till the matter is considered afresh by the District Court. This intra court appeal stands disposed of in terms of the aforesaid order. No order as to costs. Accordingly, this special appeal stands disposed of. ;