- (1.) By the judgment impugned dated 15.09.2006 learned Single Bench dismissed S.B. Civil Writ Petition No.4482/2006 being highly belated.
(2.) In brief, factual matrix of the case is that the Department of Devsthan, Government of Rajasthan issued a notification dated 27.04.1981 declaring a list of state managed and state controlled temples wherein Ram Dwara of Khimiadasji Maharaj situated at Bagar Chowk, Jodhpur was declared as property of Department of Devsthan. A challenge to the same was given by way of filing petition for writ in the year 2006. Learned Single Bench held that a challenge to the notification dated 27.04.1981 is highly belated and, therefore, no authority under Article 226 of the Constitution of India is required to be invoked. The notification dated 27.04.1981 is available on record as Annexure-6. The notification was published in Rajasthan Gazette on 25.06.1981. It mentions State controlled Government religious institutions and temples including Khimiyadasji Ka Ram Dwara Ka Mandir also.
(3.) True it is, challenge to the same was given after a period of 25 years but being a statutory notification and also pertaining to entry that is causing a recurring damage to the claimed rights of the appellant that could have been challenged at any stage by the person concerned. In light of this fact, we are inclined to set aside the order passed by learned Single Bench.;