JUDGMENT 1. 1. The petitioners "Shri Shyam Haryana Dharamshala Charitable Trust, Hissar" and Shri Madan Lal Lohiya have, in this writ petition under Article 226 of the Constitution of India, prayed for the issue of a writ in the nature of certiorari for quashing the order dated Aug. 1, 1988 (Ann.6) of the Assistant Commissioner, Devasthan Department, Jaipur Division, Jaipur whereby it was held that the aforesaid Trust is liable to get itself registered under the provisions of the Rajasthan Public Trusts Act, 1959 (for short, hereinafter, "the Act") and that it should apply for registration within one month and further also of the appellate order dated May 12, 1989 (Ann.7) of the Devasthan Commissioner, Rajasthan, Udaipur affirming the order of the Assistant Commissioner. 2. It appears that a society under the name and title of "Shri Shyam Haryana Dharamshala Charitable Trust, Hissar was constituted with its registered office situated at Hissar in the State of Haryana. The memorandum of Association of "Shri Shyam Haryana Dharamshala Charitable Trust Hissar" has been produced as Annexure-1. The objects for which this Trust was established were : (a) The establish and maintain a Dharamshala at Khatu Shyam ji Ka for the pilgrims visiting Khatu Shyamji Ka, District Sikar (Rajasthan); (b) To manage and maintain the property of Dharamshala attached with it, to regulate the income and expenditure and donations etc. No member was to be a salaried person. No dividend was to be derived by anybody and income if any was to be utilised for the Trust; (c) To arrange Kathas, religious discourses, Kirtan and gatherings to inculcate devotion to Baba Shyamji; (d) To start Aushdhalaya or library or school for the benefit of the general public and to manage Shyam Kund and Mandir if there was surplus budget; and (e) To provide scholarship, books to deserving and intelligent students and keep infirm, old persons and widows. 3. 3. Rules and Regulation of "Shri Shyam Haryana Dharamshala Charitable Trust-Hissar" (Annexure-II) inter alia provides that annual meeting of the Trust shall be held on the occasion of Phalgun Shukla Mela at Khatu Shyamji Ka every year for the following purposes, the time and place of meeting being fixed by the Trust; (1) Consideration of the report of the working of the trust during the last year; (2) Passing of accounts and balance sheet for the last year; (3) Passing of budget estimates for the receipt and expenditure; (4) Consideration of proposals submitted by the Governing Body; and (5) Other items with the permission of the President. 4. The short question for determination in this writ petition is that where the main registered office of a Charitable Trust is situated in Hissar in Haryana State, but the only property of the trust i.e. "Shri Shyam Haryana Dharamshala" is situated at Khatoo Shyamji, District Sikar in Rajasthan State, whether the Trust is liable to get itself registered in Rajasthan under the provisions of the Act ? 5. The Act had been enacted, as its preamble indicates, to regulate and make better provision for the administration of public religious and charitable trusts in the State of Rajasthan. Section 1(3) of the Act extends the Act to the whole of the State of Rajasthan. "Public trust", as defined in section 2(11) of the Act, means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math dharamada or any other religious or charitable endowment or institution and a society formed either for a religious or charitable purpose or for both. Thus a society formed for a charitable purpose is a public trust. Thus a society formed for a charitable purpose is a public trust. Section 161 provides that "the Assistant Commissioner shall be in-charge of the registration of all public trusts, the principal offices or the principal places of business of which as declared in the application under sub-section (1) of section 17, are situate within the local limits of the area of his jurisdiction." Section 17 (1) of the Act states that "within two years from the date of the application of this section to a public trust or from the date on which a public trust is created whichever is later, the working trustee thereof shall apply to the Assistant Commissioner having jurisdiction for the registration of such public trust." According to sub-section (2) of section 17, the application for registration has inter alia, to give particulars regarding the place where the principal office or the principal place of business of the public trust is situate. 6. Reference may be made to the decision of their Lordships of the Supreme Court in State of Bihar and others v. Smt. Charusila Dasi, AIR 1959 SC 1002 . In that case the trust was created by Smt. Charusila Dasi who was at the relevant time residing in a house known as Charu Niwas at Deoghar in the district of Santhal Perganas in the State of Bihar. In the trust deed she described herself as the settler who was entitled to and in possession of certain properties described in Schedules-B, C and D. Schedule-B property consisted of three bighas and odd of land situate in mohalla Karanibad of Deoghar town together with buildings and structures thereon; Scheduled-C property was Charu Niwas, also situate in Karanibad of Deoghar; and Schedule D properties consisted of several houses and some land in Calcutta the aggregate value of which was in the neighbourhood of Rs. 8,50,000/-. One of the questions which fell for determination before the Supreme Court was whether Bihar Hindi Religious Trusts Act, 1951 applied by reason of section 3 thereof to trust properties which were situate outside the State of Bihar. Section 3 of the Bihar Act provided that:- "This Act shall apply to all religious trusts, whether created before or after the commencement of this Act, any part of the property of which is situated in the State of Bihar." 7. Section 3 of the Bihar Act provided that:- "This Act shall apply to all religious trusts, whether created before or after the commencement of this Act, any part of the property of which is situated in the State of Bihar." 7. The contention on behalf of the respondent was that Bihar Legislature had no power to make a law which had operation outside the State of Bihar and Parliament alone could make a law which would apply to religious institutions having properties in different States. Alternatively, it was contended that even if the Act applied to a religious institution in Bihar a small part of the property of which was in Bihar, the provisions of the Act could have no application to such property of the institution as was outside Bihar, such as the Calcutta properties. His Lordship S.K. Das, J., observed at page 1010 (Para 14) of the reported judgment that : "The question, therefore, narrows down to this: in so legislating has it power to affect trust property which may be outside Bihar but which appertains to the trust situate in Bihar? In our opinion, the answer to the question must be in the affirmative. It is to be remembered that with regard to an interest under a trust the beneficiaries only right is to have the trust duly administered according to its terms and this right can normally be enforced only at the place where the trust or religious institution is situate of at the trustee's place of residence; see Dicey's Conflict of Laws 7th edition, p. 506. The Act purports to do nothing more. Its aim, as recited in the preamble, is to provide for the better administration of Hindu religious trusts in the State of Bihar and for the protection of properties appertaining thereto. This aim is sought to be achieved by exercising control over the trustees "in personam". The trust being situate in Bihar the State has legislative power over it and also over it s trustees or their servants and agents who must be in Bihar to administer the trust. Therefore, there is really no question of the Act having extra-territorial operation." 8. In Maharaj Kumari Umeshwari Kuer v. State of Bihar, Petn. The trust being situate in Bihar the State has legislative power over it and also over it s trustees or their servants and agents who must be in Bihar to administer the trust. Therefore, there is really no question of the Act having extra-territorial operation." 8. In Maharaj Kumari Umeshwari Kuer v. State of Bihar, Petn. No. 405 OF 1966 D/d. 15.12.1960 (SC), while considering the provisions of the Bihar Hindu Religious Trusts Act, 1950, Gajendragadkar, J., speaking for the Court, observed:- "On behalf of the petitioner the learned Attorney General has contended that as a result of our decisions in the group of cases to which we have already referred, it is now established that before the Act can apply two conditions must be satisfied; first, that the religious trust or the institution itself must be in Bihar and second part of its property must be situated in the State of Bihar. Since the first of these two conditions is not satisfied in the present case the Act cannot apply. In our opinion this contention is well founded and must be upheld." 9. Facts in Maharaj Kumari Umeshwari Kuer's case were that a temple was situated at Vrindavan Dham in the District of Mathura in Uttar Pradesh. In this temple were installed the family idol of Shri Radha Ghopalji as well as the idol of Radhendra Kishorji in 1872 and 1877 respectively by Maharani Inderjit Kuer of Tikari. The said Maharani created a Wakf to certain properties known as Balkhar Mahal in the District of Gaya by a registered deed of endowment on July 25, 1872, for the purpose of meeting the expenses relating to food, offering prayers and worship in the said temple...... The Trust owned properties also in Bihar." 10. The Supreme Court repelled the contention that since the Trustees reside in Bihar and the Trust is substantially administered in Bihar the provisions of the Bihar Act would be applicable and observed : "it is the situs of the trust of the principal institution or temple with which the trust is integrally connected that determines the applicability of the Act. The properties in question which are situated partly in Uttar Pradesh and partly in Bihar belong to the temple and the deity is their owner. The properties in question which are situated partly in Uttar Pradesh and partly in Bihar belong to the temple and the deity is their owner. This deity is enshrined in the temple situated at Vrindavan Dham and it is common ground that the situs of the temple is outside Bihar. It is also admitted that part so the properties belonging to the trust are in Uttar Pradesh. Therefore the two tests laid down by this Court inevitably lead to the conclusion that the present trust is outside the purview of the Act. The fact that the trustees reside in Bihar or that the trust is partially administered in Bihar for charitable purposes can make no difference to this position" 11. In Mahant Ramsharup v. Moti Ram Khandu, AIR 1968 SC 422 a case governed by the Bombay Public Trusts Act, Shelat, J., observed : "There is no dispute that the trust Is administered at Burlanpur and the bulk of its properties, except the three pieces of lands situate in the District of Dhulia, are all situate in the Madhya Pradesh State. The fact that a part of its properties is situate in Maharashtra State though the trust is within the Madhya Pradesh State would not mean that the trust would be governed partly by the Madhya Pradesh Act and partly by the Bombay Act. Such a division of the Trust and its administration is not contemplated by either of the two Acts." 12. In Charity Commissioner, Bombay v. Administrator of the Shringeri Math and its properties, AIR 1969 SC 566 , the principal Math was situated in the State of Mysore and as His Holiness was a Sanyasi, he generally named the house properties with temples as Maths. The properties at Nasik Panchvati were known as properties of Shrigeri Math. The Samadhis had been constructed to look like temple, there was Sabha Mandap in which an image of Adya Shankara Charya was installed. All the expenses had been incurred by His Holiness from the income of the Shringeri Math and some money was borrowed from Nasik Creditors. The properties at Nasik Panchvati were known as properties of Shrigeri Math. The Samadhis had been constructed to look like temple, there was Sabha Mandap in which an image of Adya Shankara Charya was installed. All the expenses had been incurred by His Holiness from the income of the Shringeri Math and some money was borrowed from Nasik Creditors. His Lordship Sikri, J., speaking for the Court, observed : "It seem to us that, in view of the above authorities, in order to determine the situs of the trust, which consists of a Math and a subordinate so-called math or maths, it is the situs of the principal math which will determine the applicability of the Act. We need not here decide the position of an independent real math though connected with another math. The High Court has found in this case that in the Nasik math no religious instructions are imparted and no spiritual service is rendered to anybody of disciples. Further no member of the public is allowed to enter the place of worship without permission although worship is carried out by the Pujaris according to Vedic Usage. in view of these findings the Nasik Math cannot to held to be a real math or temple within the definitions set out above. In our opinion, the High Court was right in holding that the nasik Math is not liable to be registered under the Act." 13. The decision in State of Bihar and others v. Smt Charusila Dasi (supra) was concerned with the power or competency of the State Legislature to affect a trust property which might be outside the State but which appertains to the trust situate in the State. it was recognised that with regard to an interest under a trust the beneficiaries' only right was to have the trust duly administered according to its terms and this right Can normally be enforced only at the place where the trust is situate or at the trustee's place of residence. This aim is sought to be achieved by exercising control over the trustees "in personam". As already observed, according to section 2(11) of the Act, "public trust" inter alia means a trust for Charitable purpose and includes a charitable institution and a society formed for a charitable purpose. This aim is sought to be achieved by exercising control over the trustees "in personam". As already observed, according to section 2(11) of the Act, "public trust" inter alia means a trust for Charitable purpose and includes a charitable institution and a society formed for a charitable purpose. In the present case "Shri Shyam Haryana Dharamshala Charitable Trust, Hissar" is a society formed for charitable purpose and the society having its registered office at Hissar in the State of Haryana is itself a public trust. So also the only property of this public trust, namely, Dharamshala of Khatu Shyamji ka in District Sikar (Rajasthan), being a charitable institution is a public trust within the meaning assigned to that expression in Section 2(1) of the Act. The Assistant Commissioner, Devasthan is incharge of the registration of all public trust, the principal offices or the principal places of business of which, as declared in the application under sub-section(1) of section 17, are situate within the local limits of the area of his jurisdiction. It is the statutory obligation of the working trustee of the public trust to apply to the Assistant Commissioner having jurisdiction for the registration of public trust within two years from the date of application of section 17 to a public trust or from the date on which the public trust is created, whichever is later. 14. As already stated, the only trust property i.e. Dharamshala is situated at Khatu Shyamji ka in District Sikar (Rajasthan). The objects for which the trust is established are also confined to Khatu Shyamji ka, District Sikar (Rajasthan) namely, to establish and maintain Dharamshala there, to maintain and manage the property of Dharamshala attached with it, to arrange Kathas, religious discourses, Kirtan and gatherings to inculcate devotion to Baba Shyamji at Khatu and to start Aushdhalay or library or school for the benefits of the general public and to manage Shyam Kund and Mandir if there is surplus budget. Thus all the activities of the public trust are concentrated to Khatu Shyam ji ka in District Sikar (Rajasthan). Thus all the activities of the public trust are concentrated to Khatu Shyam ji ka in District Sikar (Rajasthan). The Constitution, rules and regulations of "Shri Shyam Haryana Dharamshala Charitable Trust-Hissar" (Annexure-II) in its clause 14 provides that Annual meeting of the Trust shall be held on occasion of Phalgun Shukla Mela at Khatu Shyamji ka every year for the following purposes : (a) Consideration of the report of the working of the trust during the last year; (b) passing of accounts and balance sheet for the last year; (c) passing of budget estimates for the receipt and expenditure; (d) consideration of proposals submitted by the Covering body; and (e) other items with the permission of the trust. 15. It would thus appear that not only the only trust property i.e., Dharamshala (which is itself a public trust; being a Charitable institution) is located at khatu Shyamji ka in district Sikar (Rajasthan), but "Shri Shyam Haryana Dharamshala Charitable Trust, Hissar has its principal place of business at Shyamji Khatu Shyamji ka in District Sikar (Rajasthan). All the activities of "Shri Shyam Haryana Dharamshala, Charitable Trust, Hissar" being confined and concentrated to Khatu Shyamji ka in District Sikar and the only trust property (which itself is a public trust) being at Khatu Shyamji ka in District Sikar (Rajasthan), the Rajasthan State Legislature had the competence to regulate and make provision for the administration of this public trust in the State of Rajasthan and it cannot' therefore be said that the Act has extra-territorial application. Substantially and for all practical purposes, the situs of the trust is at Shyamji Khatu in District Sikar of Rajasthan. The mere fact that the society in the name and title of "Shri Shyam Haryana Dharamshala Charitable Trust, Hissar" was registered in Haryana or that its, working trustees were residing at Hissar in Haryana will not, in the facts and circumstances of this case, alter the fact that in reality the situs of the public trust is in Rajasthan (Sikar District) and the Trust carries on its activities and business only at Khatu Shyamji ka in Rajasthan. 16. In the case of Maharaj Kumari Umeshwari Kuer v. State of Bihar (supra), the Supreme Court had repelled the contention that since the trustees resided in Bihar and Trust is substantially administered in Bihar, the provisions of the Bihar would be applicable. 16. In the case of Maharaj Kumari Umeshwari Kuer v. State of Bihar (supra), the Supreme Court had repelled the contention that since the trustees resided in Bihar and Trust is substantially administered in Bihar, the provisions of the Bihar would be applicable. It held that it was the situs of the trust of the principal institution or temple with which the trust is integrally connected that determines the applicability of the Act. In that case the deity was enshrined in the temple situated at Vrindavan Dham and the situs of the temple was outside Bihar i.e. in the State of Uttar Pradesh. In Mahant Ramswarup v. Moti Ram Khandu (supra), the trust was administered and bulk of its properties, except three pieces of lands, were situated at Burhanpur in Madhya Pradesh State. It was held that the fact that a part of trust properties are situate in Maharashtra State though the trust is within Madhya Pradesh State would not mean that the trust would be governed partly by the Madhya Pradesh Act and partly by the Bombay Act. The decision in Charity Commissioner, Bombay v. Administrator of the Shringeri Math and its properties (supra) related to math, the principal math was situated in the State of Mysore. It was held that the situs of the principal math will determine the applicability of the Act. 17. I am, therefore, of the opinion that the only trust property i.e. Dharamshala at Khatu Shyamji ka in District Sikar (Rajasthan) is itself a public trust within the meaning assigned to that expression in section 2(11) of the Act. The Society "Shri Shyam Haryana Dharamshala Charitable Trust, Hissar," though formed and registered in Hissar, has its principal place of business at Khatu Shyamji ka (District Sikar in Rajasthan). It is, therefore, liable to get itself registered under the Act as public trust by making an application to the Assistant Commissioner Devasthan having jurisdiction in Khatu Shyamji ka. The impugned orders of Assistant Commissioner, Devasthan dated August 1, 1988 (Annexure-6) and that of the Devasthan Commissioner dated May 12, 1989 (Annexure-7) cannot, therefore, be quashed. 18. The writ petition is resultantly hereby dismissed with no order as to costs.Petition dismissed. *******