Jaishree Thakur, J. - (1.) This appeal has been filed under Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India challenging the correctness of the judgment and order dated 25.10.2013.
(2.) The brief facts of the case are that appellant no.1 Hari Ballabh Baheti Memorial Charitable Trust filed a writ petition through its Managing Trustees with avernments that a Patta was issued on 13.11.1942 by District Hakim of Bhilwara in the name of Hari Ballabh Bagtawarmal for construction of 'sarai' over the land situated in Bhilwara. Another Patta of strip of land adjacent to aforesaid plot was later on issued in favour of Bagtawarmal s/o Hari Ballabh on 10.8.1943 measuring 131 x 121/2 ft. The condition imposed in the Patta issued in 1942 was that the land would be used only for the purpose of construction of Sarai, with a further stipulation that no ownership right will be conferred on any one at any point in time in the future. After the death of Hari Ballabh, his son Seth Bagtawarmal created a Trust in the name of Seth Hari Ballabh Baheti Memorial Charitable Trust, Bhilwara on 2.10.1964 and the said land was given to the said Trust to be used as a Dharamshala. The Trust thereafter used the said Dharamshala for public at large for the purpose of staying and for social ceremonies. Several shops were also constructed out side the Dharamshala, on the periphery of this land after seeking due permission from the local authorities.
(3.) A notice dated 12.6.2013 was sent by the District Collector, Bhilwara to the appellants-petitioners and the same was served on 20.6.2013, to show cause as to why the Dharamshala constructed on the leased land be not closed since the Dharamshala was not being utilised as per the terms of the lease and was being used for commercial activities. The notice dated 12.6.2013 gave appellants-petitioners three days' time to submit its explanation, failing which the appellants-petitioners would be proceeded ex parte. The Trustees immediately sent a reply to the notice dated 12.6.2013 on the very next date, i.e. 21.6.2013 explaining that they were not using the Dharamshala for commercial purpose but the same was used for the public at large. The District Collector son 24.6.2013 ealed and took over the premises.;