- (1.) With the consent of the learned counsel for the parties, the writ petition is heard finally.
(2.) By this writ petition, a challenge is made to the order dated 28.02.2008, so as the order dated 29.09.2009. The petitioner preferred an application under Section 24 of the Rajasthan Public Trust Act, 1959 (for short 'the Act of 1959'). The said application was decided by the competent authority vide its order dated 28.02.2008. The application was moved claiming the property of Dharamshala to be not of public trust, but is of individual. The aforesaid application was decided adverse to the petitioner, in view of the fact that the registration of the trust was not challenged and even application under Section 24 of the Act of 1959 was moved after two years of the registration. The petitioner, in the meanwhile, remained President of the trust and even collected donation for it and developed the Dharamshala. Taking note of all the facts, it was not found that the Dharamshala is a private property when it was registered under the Act of 1959. The appeal thereupon was also dismissed not only after endorsing the view taken by the competent authority but finding that a civil suit for the ownership of the Dharamshala is already pending.
(3.) Learned counsel for the petitioner submits that the property situated in Mathura (U.P) cannot be registered under the Act of 1959. A reference of the judgment of Apex Court in Nautam Prakash DGSVC, VADTAL And Others Vs. K.K. Thakkar And Others, 2006 5 SCC 330, has been given. He submitted that the registration of the trust for the property situated in Mathura is illegal. Accordingly, while setting aside the impugned order, the registration of the trust may also be set aside and it be declared to be a private property.;