Bangur Charitable Trust, Didwana v. State of Rajasthan
1998-11-10
B.J.SHETHNA
body1998
DigiLaw.ai
JUDGMENT 1. - The petitioner trust has challenged in this petition the impugned order dated 7.4.97 (Annex.11) passed by the State Government and the order dated 23.4.97 (Annex.10) passed by the District Collector, Nagaur. 2. On the promise given by late Shri Mangi Ramji Banger to contribute र 51,000/- towards war fund, 20,000 bighas of land reserved for grazing cows and as "Gochar" land. It was later on converted into trust. Grievance of the petitioner trust in this petition is that without giving any notice or an opportunity of hearing, unceremoniously the land in question belonging to the Trust has been allotted by the impugned order dated 7.4.97 (Annex.11) passed by the Government to the private respondents. Hence, the same is in dear violation of principles of natural justice and also in contravention of Rules, 1963 and 1955. As per the order of the Government, the Collector passed an order on 23.4.97 (Annex. 10). According to the petitioner trust, it has come to its notice only recently. This way, a delay of almost 11/2year is tried to be explained in challenging the aforesaid order. There is a gross delay in challenging the same before this Court, therefore, only on this ground, this petition was required to be dismissed. 3. Even on merits, the petitioner has no case as no right much less fundamental right guaranteed under the Constitution has been violated in this case. It was a sort of bargaining by late Shri Mangi Ram Banger, who agreed to contribute र 51,000/- in the second world war in 1942 on which the then Chief Minister of the erstwhile State of Jodhpur allotted the land. By the impugned orders at Annex.10 and 11, the Government has allotted the land to the private respondents and in any case Trust has no right to make any grievance. Late Shri Mangi Ram Banger and later on the Trust, have enjoyed the land for nearly 55 years. When the poor and needy persons required the land and if the Government has passed the order, then this Court would not exercise its extra ordinary jurisdiction in such cases.In view of the above discussions, I do not find any merit in this case. Hence, dismissed.Petition dismissed. *******