APOLLO ANIMAL MEDICAL GROUP TRUST Vs. RAJ ISHWAR D KHARE
LAWS(RAJ)-2019-8-273
HIGH COURT OF RAJASTHAN
Decided on August 30,2019

Apollo Animal Medical Group Trust Appellant
VERSUS
Raj Ishwar D Khare Respondents

JUDGEMENT

Alok Sharma, j. - (1.) Writ Petition No. 9328/2019 was filed with the following prayer:- "Your humble petitioner most respectfully prayed that by way of issuing appropriate writ order or directions, the application filed in Form No. 8 under Section 23 of the RPT Act be quashed and set aside being filed without an authority of law and the respondent No. 1 has no jurisdiction to hold enquiry in the matter of appointment/ removal of the trustees from the trust under Section 23 of the Rajasthan Public Trust Act, 1959. Further, the proceedings undertaken in furtherance of the aforesaid application in Form No. 08 be quashed and set aside by dismissing the aforesaid application dated 01.02.2019. Any other relief which this Hon'ble court deems just and proper in the facts and circumstances of the case may also be issued in favour of the petitioner."
(2.) The said writ petition was decided by this court vide its common order dated 12.7.2019 alongwith SBCWP No. 9327/2019. Para 25 of the said judgment in the writ petition aforesaid reads as under:- "25. In the result, writ applications succeed and are hereby allowed. Impugned orders dated 7th June, 2013 and 25th March, 2019, are quashed. The parties would be at liberty to avail of remedy before the appropriate Forum for inclusion/ exclusion of the Trustee(s), in accordance with the Scheme as carved out under the provisions of the Act of 1959."
(3.) Mr. S.K. Gupta counsel for the petitioner submitted that the judgment dated 12.7.2019 albeit purports to decide both SBCWP No. 9327/2019 as also SBCWP No. 9328/2019 no view on the merits of SBCWP No. 9328/2019 has been set out by the learned Single Judge. Only the said petition has been allowed without reasons. In this view of the matter the judgment dated 12.7.2019 in respect of SBCWP No. 9328/2019 is vitiated by an error apparent on the face of the record and denial of the principles of natural justice.;


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