M.B.SHARMA, J. - (1.) THE above two special appeals under Section 18 of the Rajasthan High Court Ordinance are directed against the order dated July 30, 1971 of a learned Single Judge of this Court under which, the learned Judge allowed the writ petition filed by Maharana Pratap Smarak Samiti, Udaipur (for short, 'the Smarak' Samiti' here in after). The facts relevant for the disposal of the appeals are as follows:
(2.) A body known as Shri Pratap Sabha, Udaipur, was constituted in the year 1941 and was registered in Udaipur under Section 5 of the Societies Registration Act (No. VII of 1941) of the then Mewar State and a certificate of registration (Ex. R2) was issued by the Additional Secretary of the State Council. According to the constitution of the aforesaid body, it was to function through five sub -committees: one of them being 'Maharana Pratap Smarak Samiti'. The Smarak Samiti was assigned the functions of raising a befitting memorial for Maharana Pratap by erecting his statue on the back of his famous horse 'Chetak'. The State Government, vide order dated May 19, 1955, granted land bearing Khasra No. 267 measuring 139 bighas 17 biswas, known as 'Moti Magari' in the town of Udaipur. The original order was issued by the State Government on October 31, 1955. The terms of the grant were as follows:
(3.) . . . . VERNACULAR TEXT OMMITED . . . . -;g fd lkoZtfud lEifRr le There was mutation in the name of Pratap Smarak Samiti in the year 1956. The Smarak Samiti got itself registered under the provisions of the Rajasthan Societies Registration Act, 1955 (No. XXVIII of 1955) in the year 1982 and a certificate of registration was issued by the Registrar in favour of the Smarak Samiti. The State Government also donated a sum of Rs. one lac to Pratap Sabha vide its order dated July 18, 1961 to construct the memorial of Maharana Pratap but certain formalities could not be completed and the donated amount could not be withdrawn for a period of about four years. Then the Smarak Samiti approached the Government to transfer the amount of Rs. one lac in its name and the State Government, by its letter dated August 5, 1965, transferred that amount with interest of Rs. 19, 101.40 p. in favour of the Smarak Samiti. The amount of donation was utilised by the Smarak Samiti in raising a befitting memorial for Maharana Pratap. 3 The State Government issued an order on April 14, 1970 under which the earlier grant, under its order dated October 31, 1955 of Khasra No. 267 measuring 139 bighas and 17 biswas was withdrawn and a fresh grant of khasra No. 267/1, measuring 70 bighas 10 biswas was made to the Smarak Samiti for construction of a memorial to Maharana Pratap. Besides the three terms which were in the grant of the year 1955, one more condition was incorporated in the grant to the effect that what ever conditions shall be imposed, the Smarak Samiti shall be bound to comply with them. The rest of the land, that is, land measuring 69 bighas and 7 biswas, out of the total land measuring 139 bighas and 17 biswas which was earlier granted to the Smarak Samiti, was allotted to the Urban Improvement Trust, Udaipur, on certain conditions.;