- (1.) The appellant has filed a petition before the Assistant Commissioner Devasthan Deptt. under section 21 of the Rajasthan Public Trusts Act, 1959 (in short 'the Act') claiming that the appellant is the working trustee of the registered public trust Mandir Shri Sitaram Ji Maharaj, Gaddi Baba Dayal Das Ji Maharaj, Village Hudia Kalan, Tehsil Behror, Distt, Alwar. After an enquiry, order dated 7.1.1987 has been passed by which entry has been made to the effect that in place of Mahant Kanhad Das, Mahant Balak Das will be his successor. In support of that, Annexure-1 has been flied. This entry has been challenged by the respondent in 1997 before the Commissioner Devasthan Deptt. and he has remitted the matter back to the Assistant Commissioner Devasthan. Now the matter is pending before him.
(2.) The case of the petitioner-appellant before the learned Single Judge was that once entry had been made under section 21 of the Act and that entry has not been challenged within six months, no appeal would lie before the Commissioner and a suit could be filed in the civil court for cancellation or modification of the entry made u/s. 21 of the Act.
(3.) Learned Single Judge instead of appreciating this aspect, dismissed the writ petition on the ground that the matter is pending before the competent authority and that is yet to be decided and there being further remedy of appeal, no interference is called for.;