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TMI Blog2014 (4) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... t only alternative, but also effective, because the parties can put a quietus to the litigation once for all. Hence, in view of our above discussion, we are of the considered opinion that the High Court, by the impugned order, was justified in relegating the parties to the Assistant Commissioner, before whom the applications are pending adjudication. The appellant having got impleaded himself in the applications before the Assistant Commissioner and having invited an order from the High Court, now cannot be permitted to question the said order of the High Court. - CIVIL APPEAL NOs.4593-4594 OF 2014 ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NOs. 28021-28022 OF 2010 - - - Dated:- 17-4-2014 - SATHASIVAM, P (CJI), GOGOI, RANJAN AND RAMANA,N.V. , JJ. JUDGMENT N.V. RAMANA, J. Leave granted. 2. The present Civil Appeals arise out of the common order dated 4th May, 2010 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur. The facts as culled out from the impugned order dated 4th May, 2010 are The appellant herein filed a Public Interest Litigation i.e. D.B. (Civil) Writ Petition No. 2321/2006 alleging misappropriation of property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Hon ble Court may deem fit and proper; and (iv) by further appropriate writ, order or direction in the nature whereof, the Hon ble Court may be pleased to direct the State Government to submit a list of the properties of the Galta Peeth to the Hon ble Court as well as the list of properties which had been sold by the former Mahant Shri Ramodaracharya or his family members including Shri Avadhesh Kumar and others. 4. The High Court, after taking into consideration the material placed before it, disposed of all the four writ petitions by a common order. 5. The High Court has framed two issues in the Public Interest Litigation. It summarized the first issue as to whether the properties of Galta Peeth have to be treated as public properties or private properties and whether the Mahant has right to alienate them? The second issue is whether there is any right of succession to the Galta Peeth and its properties as per order dated 09-06-1943 appointing Mahant; and whether the Mahant was to administer the properties during his life time? 6. The High Court considered the provisions of Section 24 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as the Act ) and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to whether the property of Galta Peeth/Thikana is individual property or public property is decided by the Assistant Commissioner and further if the petitioner in the Writ Petition No. 2312/2006 makes an application and participate in the hearing, they have no objection. We expect from the Assistant Commissioner, Devasthan Department that he will look into the matter entirely and thereupon record his finding by a speaking order while deciding both the issues. It goes without saying that whatever is the outcome of the order passed by the Assistant Commissioner, Devasthan Department, the consequences will follow. With the aforesaid observation, both the writ petitions by way of Public Interest Litigation are disposed of. 7. The High Court has dismissed D.B. (Civil) W.P. No. 5650 of 2007 filed by Mandir Thikana Shri Galtaji, as withdrawn basing on the submission of the learned counsel that in the light of the order passed in Public Interest Litigations, petitioner may be permitted to withdraw the writ petition with a liberty to take pleas before the Assistant Commissioner, Devasthanam Department. 8. D.B. (Civil) W.P. No. 6607 of 2004 was dismissed as withdrawn basin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Civil) W.P. No. 6607 of 2004 filed by the father of Respondent No. 4 and without going into the merits, simply rendered the matter infructuous. The reason given by the High Court for its disposal is that the term of five years of the Committee of Management appointed by the Government has come to an end and hence the matter has become infructuous and no cause survives. In fact, by an interim order of the Court, the Committee was prevented from discharging its duties and it did not function for a period of five years. In view of Section 53 of the Act, the Managing Committee shall function till such time permanent arrangement is made for the management of the Trust in question or in the alternative, the State Government may be directed to appoint another Managing Committee comprising independent persons. 12. Another contention advanced by the counsel was that the reliefs sought in the writ petition cannot be considered by the Assistant Commissioner in view of the fact that the Assistant Commissioner does not have such jurisdiction to decide the issues raised. 13. To substantiate his contention, the learned counsel submitted that as per the provisions of the Act, it is the Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n interlocutory application raising preliminary objections about the maintainability of these appeals and narrated the earlier litigation. While the D.B. (Civil) W.P. No. 2321 of 2006 was pending, the High Court, by an interim order dated 4th May, 2007, restrained the Respondent No. 4 herein to deal with the properties of the Galta Peeth as a working trustee. Aggrieved thereby, Respondent No. 4 filed a Special Leave Petition before this Court. Consequently it became Civil Appeal No. 3746 of 2009. 18. During the pendency of Civil Appeal No. 3746 of 2009, the Writ Petitions before the High Court were disposed of on 4-5-2010 holding that since the issues raised are already pending consideration before the Assistant Commissioner, Devasthan Department the parties may raise their grievances before him. Accordingly, Civil Appeal No. 3746 of 2009 filed against interim order of the High Court, was also dismissed by this Court on 08.07.2013 as having become infructuous. 19. It is contended by the learned counsel for the Respondent No. 4 that the appellant has misused the pendency of Civil Appeal No. 3746 of 2009. Taking advantage of the pendency of Civil Appeal No. 3746 of 2009, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tant Commissioner on 26th April, 1963. It is also contended that in the list of trust properties which were also submitted along with the application, and which list became final, the property in question has not been shown as trust property and the said list has never been questioned. 23. Relying upon several documents as well as counter affidavit and provisions of the Act, it is contended that in view of the fact that the issues are pending before the competent authority, subsequent orders passed by the Assistant Commissioner against which appeals are pending before the Commissioner, there is no need for this Court to entertain these appeals and they have to be dismissed as the appellant cannot litigate simultaneously before the appellate authority and this Court. It is also contended that there is no allegation against Avadesh Kumar (Respondent No.4) who is the present Mahant and in view of the pendency of the appeals before the Commissioner, the appellant cannot come before this Court and misuse the forum in the guise of Public Interest Litigation. 24. To substantiate his arguments, learned counsel relied on the Judgments of this Court in Guruvayoor Devaswom Managing Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic trust and the designation by which the public trust is or shall be known; (ii) the place where the principal office or the principal place of business of the public trust is situate; (iii) the name and addresses of the working trustee and the manager; (iv) the mode of succession to the office of the trustee; (v) the list of the movable and immovable trust property and such description and particulars as may be sufficient for the identification thereof; (vi) the approximate value of the movable and immovable property; (vii) the gross average annual income derived form movable and immovable property and from other source, if any, based on the actual gross annual income during the three years immediately proceeding the date on which the application is made or of the period which has elapsed since the creation of the trust, whichever period is shorter, and, in the case of a newly created public trust the estimated gross annual income from all such sources; (viii) the amount of the average annual expenditure in connection with such public trust estimated on the expenditure incurred within the case of a newly created public trust, the estimated annual expenditure in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... public trust. The said Section reads thus: Sec. 18 - Inquiry for Registration: 1. On receipt of an application under Sec. 17 or upon an application made by any person having interest in a public trust or on his own motion, the Assistant Commissioner shall make an inquiry in the prescribed manner for the purpose of ascertaining: (i) whether a trust exists and whether such trust is a public trust: (ii) whether any property is the property of such trust; (iii) whether the whole or any substantial portion of the subject matter of the trust is situate within his jurisdiction; (iv) the names and addresses of the working trustee and the manager of such trust; (v) the mode of succession to the office of the trustee of such trust; (vi) the origin, nature and objects of such trust; (vii) the amount of gross average annual income and expenditure of such trust: and (viii) the correctness or otherwise of any other particulars furnished under sub-section (4) of Section 17. 2. The Assistant Commissioner shall give in the prescribed manner public notice of the inquiry proposed to be made under sub-section (1) and invite all person having interest in the public tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereof to the Assistant Commissioner. It is further the duty of the Auditor to mention in the report in case of any irregularity, illegality or improper expenditure, failure or omission to recovery moneys or other property belonging to the public trust or of loss or waste of money or other property thereof. 31. Chapter 8 of the Act deals with Management of trust property. Section 38 therein provides for issuing directions by the Assistant Commissioner on an application filed by any person having interest in a public trust or otherwise that (a) the original object of the public trust has failed; (b) the trust property is not being properly managed or administered; or (c) the direction of the Court is necessary for the administration of the public trust, he can direct inquiry after giving the working trustee an opportunity of being heard. 32. Section 39 provides that where the Assistant Commissioner rejects an application, fails or refuses to make an application to the Court, an appeal lies to the Commissioner. On receipt of an application made under Sections 38 or 39, the Court shall consider and pass appropriate orders under Section 40 of the Act. Section 41 envisages that i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Management under Section 53, a notice shall be issued under Section 54 to the hereditary trustee or the head of the Math, as the case may be, about the intention of the Government to constitute the committee and shall hear their objections, if any. Under Section 55 of the Act one can be disqualified from being considered as a member of the Committee of Management. According to Section 56, the term of office of the committee is five years. 38. Section 67 of the Act provides that the officers holding enquiries shall have the power of civil Court. The Section reads thus: In holding enquiries under the Act, the Commissioner or an Assistant Commissioner shall have the same powers as are vested in civil Courts in respect of the following matters under the Code of Civil Procedure, 1908 (Central Act V of 1908) trying a suit (a) Proof of facts by affidavits; (b) Summoning and enforcing the attendance of any persons and examining him on oath; (c) Compelling the production of documents; and (d) Issuing of Commissions. 39. From the above, it is evident that all the officers holding enquiry under the Act i.e. the Commissioner and Assistant Commissioner, have the powe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... registering the Trust. Later on, a series of litigation went on between the parties with regard to the properties of the Trust/Math. When the Government appointed a five-Member Committee for proper management of the Trust, challenging the same D.B. (Civil) W.P. No.6607 of 2004 was filed. When the Assistant Commissioner re-opened the issue of succession, 4th respondent herein filed D.B. (Civil) W.P. No.5650 of 2007. Two Public Interest Litigations i.e. D.B. (Civil) W.P. No. 5111 of 2004 and D.B. (Civil) W.P. No. 2321 of 2006 were filed seeking to declare (a) the properties are trust properties, (b) the mode of succession, (c) direct the Government to take over the management of the trust and (d) to appoint a Board to manage the properties in line with Vaishno Devi Shrine or Tirupati Balaji Temple. 42. The above narrated facts disclose that either in the Public Interest Litigation or in the private civil litigation, the entire issues revolve around the properties of Galta Peeth and the mode of succession to the Peeth. Already in respect of these issues, by the time, these writ petitions were filed, statutory enquiry application Nos. 1/2004, 1/2006 and 1/2007, under Section 24 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Commissioner, before whom the applications are pending adjudication. The appellant having got impleaded himself in the applications before the Assistant Commissioner and having invited an order from the High Court, now cannot be permitted to question the said order of the High Court. Accordingly, the first and second issues are answered. 44. Third issue that requires our consideration is whether the appellant herein is aggrieved by the orders passed in D.B. (Civil) W.P. No. 6607 of 2004, which was dismissed as infructuous. The case of the appellant is that the High Court should not have dismissed the writ petition as withdrawn basing on the submission that the term of the Committee has expired. It ought to have decided the issue on merits. By this order, the High Court has created a vacuum not contemplated by the Act, which is against Public Interest, in view of the status quo orders passed by the Court, the Committee could not function its full period. Hence, the Committee has to be allowed to function till a permanent Committee is appointed by the Government. 45. We are also not able to appreciate the argument advanced by the learned counsel for the appellant for reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are situated in the same city, town or locality. 3. Every Committee of management constituted under subsec. (2) shall be a body corporate having perpetual succession and a common seal, with power to acquire, hold and dispose of property subject to such conditions and restrictions as may be prescribed and may by the name specified in the notification under sub-section (2) sue and be sued. 4. A committee of management shall consist of a Chairman and such even number of members not exceeding ten and not less than two as the State Government may determine. 5. The Chairman and members of a committee of management shall be appointed by the State Government by notification in the official Gazette from amongst (a) trustee of public trusts representing the same religion or persuasion and having the same objects, and (b) person interested in such public trusts or in the endowments thereof or belonging to the denomination for the purpose of which or for the benefit of whom the trust was founded, in accordance with the general wishes of the person so interested so far as such wishes can be ascertained in the prescribed manner. Provided that in the case of a public trust having ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by this Court in Guruvayoor Devaswom Managing Committee (supra) wherein this Court observed : It is possible to contend that the Hindus in general and the devotees visiting the temple in particular are interested in proper management of the temple at the hands of the statutory functionaries. That may be so but the Act is a selfcontained Code. Duties and functions are prescribed in the Act and the rules framed thereunder. Forums have been created thereunder for ventilation of the grievances of the affected persons. Ordinarily, therefore, such forums should be moved at the first instance. The State should be asked to look into the grievances of the aggrieved devotees, both as parens patriae as also in discharge of its statutory duties. The Court should be circumspect in entertaining such public interest litigation for another reason. There may be dispute amongst the devotees as to what practices should be followed by the temple authorities. There may be dispute as regard the rites and rituals to be performed in the temple or omission thereof. Any decision in favour of one sector of the people may heart the sentiments of the other. The Courts normally, thus, at the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X
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