Govind Mathur, J. - (1.) To question correctness of the Judgment dated 24.9.2014, this Appeal is preferred. By the judgment impugned, the learned Single Bench refused to interfere with the order passed by the Commissioner, Devsthan, Udaipur exercising authority under Section 20 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as the Act of 1959'). It is pertinent to note that the Assistant Commissioner, Devsthan, Jodhpur while exercising powers under Section 17 of the Act of 1959 registered the public trust appointing the appellants-petitioners as its trustees. A challenge to the same was given by the respondents Amar Singh, Bhawani Shanker, Hari Singh and Gram Kaniwara, Hanuman Mandir Vikas Seva Samiti, Kaniwara by way of filing an Appeal before the Commissioner, Devsthan, Udaipur. The Commissioner accepted the Appeal and remanded the matter to the Assistant Commissioner, Devsthan, Jodhpur to reconsider the entire issue by keeping in view larger interest of the residents of people of village Kaniwara. The learned Single Bench looking to the facts and scope of authority under Articles 226 and 227 of the Constitution of India did not choose to interfere with the order passed by the Commissioner, Devsthan, Udaipur.
(2.) While pressing this appeal, it is submitted by the learned Counsel for the appellants that the appellants are maintaining the temple and as a matter of fact, the temple is of their own caste i.e. 'Garud Samaj'.
(3.) The learned Counsel for the respondents on the other hand, pointed out that the Assistant Commissioner, Devsthan, Jodhpur as a consequence to the remand order has already decided the application preferred under Section 17 of the Act of 1959 afresh vide Order dated 17.12.2014 and appellants-petitioners have already challenged the same by way of filing an Appeal as per Section 20 of the Act of 1959. The fact about disposal of the application under Section 17 afresh and filing of the Appeal before the Commissioner, Devsthan, Udaipur has not been disputed by the learned Counsel for the appellants.;