JUDGMENT Rajesh Tandon, J. Heard learned counsel for the parties. . 2. The applicants in writ petition no. 566/2001 have filed the present application for direction to District Magistrate, Nainital to hand over the possession of Dharamshala to the applicants/trustees and also to make necessary repairing work and to run the Dharamshala according to aims and objects mentioned in the trust deed dated 24.04.1954. 3. Initially in writ petition no. 566/2001 in a Public Interest Litigation Registrar, High Court of Uttaranchal Vs. State of Uttaranchal and others following order was passed in respect of the said Dharamshala :- " .... It has been brought to our notice that the earlier Public Interest Litigation Petition for Dharamshala had been withdrawn and, therefore, any direction could be beyond the scope of this Public Interest Litigation. We have taken note at the request of members of Bar and have taken' up issue of evicting of unauthorised occupants so that the Dharamshala may be available as temporary accommodation for the litigants and other needy persons who come to Nainital. It shall also serve the object of the charitable Trust. It is settled law that larger public interest should prevail over the interest of an individual or a smaller group. Larger public interest by the persons who were temporarily rehabilitated in the year 1982 and they have somehow managed to continue illegally till now. Having regard to the facts and circumstances and rival contention of the parties, we provide that the District Magistrate shall evict the unauthorised occupants from Dharamshala as the district administration has allowed the occupants to occupy Dharamshala in the year 1982 on account of land slide. In the facts and circumstances of the case, this direction we are giving to the District Magistrate in view of the law laid down by the Supreme Court in the case of State of UV.P. and others v. U.P. State Law Officers Association and others (1994) 2 Supreme Court Cases-204, wherein it has been held that "Those who come by the back door have to go by the same door". The District Magistrate shall submit the report within three days. However, it is made clear that this is not an order in rem as it is confined to a particular Dharamshala considering the requirement of such Dharamshala for the purpose it was constructed at Nainital. " 4. The District Magistrate shall submit the report within three days. However, it is made clear that this is not an order in rem as it is confined to a particular Dharamshala considering the requirement of such Dharamshala for the purpose it was constructed at Nainital. " 4. Brief facts are that one Shib Lal Sah had executed a registered Will dated 14.08.1952 for constitution of a Dharamshala over his land situated at Haldwani Road, Nainital for charitable purposes. After construction of Dharamshala, a trust was to be constituted for maintenance and administrative control of Dharamshala and accordingly a trust deed was executed in 1954. As will appear from the trust deed the trust was titled as "Lala Parma Shib Lal Sah Dharamshala Charitable Trust". 5. According to the aims and objects of the trust, the building was to be used for the Dharamshala purpose and the trustees will manage the entire premises and shall let out the visitors and travelers at good reasonable rent buildings, the same is quoted as under :- "That the trustees shall maintain the newly constructed building as Dharamshala for ever for free accommodation of visitors, travelers. That the trustees will manage the entire premises known as Railway Godown, Tallital and shall regularly let out at good reasonable rent buildings that are set apart for said purposes by virtue of this trust deed. That the building that is to be used for Dharamshala, is a newly constructed cement concrete building with large accommodation and the buildings that are to be used for being let out including the existing Railway Godown and about six shops that are in the Dharamshala building and adjacent to Railway Godown and to which shops further buildings may be added from time to time. That the income from the property set apart for being let out shall be utilized for annual repairs, for payment of Government and Municipal taxes and other dues, pay of Chaukidar or Chaukidars and other persons employed for the up-keep of Dharamshala, The residue from the income after defraying of the aforesaid expenses, if any, shall be kept aside as sinking fund and may be used by the trustees in providing scholarships to the poor boys or as dole to the helpless widows. That the trustees shall maintain and keep regular accounts of all income and expenditure of the trust property and the trustees have a right to make other additions to Dharamshala or to the property set apart for letting purposes out of income of Dharamshala whenever they consider it is in the interest of furtherance of the objects of the Trust to do so " 6. As will appear from the trust deed that there is also stipulation that in case of any difficulty in the management of the trust, the trustees will take directions from the District Judge. The said clause is also quoted as under:- "That in case any difficulty in the management of the trust the trustees will take directions from the District Judge as provided in the Indian Trust Act. ..... " 7. On 20th May 2003, as will appear from the order passed in the P.I.L. directions were issued to the District Magistrate and Superintendent of Police, Nainital to get the Dharamshala vacated from the unauthorised occupants. 8. A scheme of administration has been proposed alongwith the supplementary affidavit. Paragraph-S of the same is quoted below :- "That for proper function and maintenance of Dharamshala the deponent on his behalf and on behalf of the trust proposed that a committee be constituted for the management of Dharamshala and be constituted by following person and officials ;- 1. Sub Divisional Magistrate, Nainital, 2. Executive Officer Municipal Board, Nainital, 3. Station House Officer, Thana Tallital, Nainital, 4.Members of the Trust. 9. The Sarais Act, 1867 defines the Sarais as under:- "Sarai" means any building used for the shelter and accommodation of travelers, and includes, in any case in which only part of a building is used as a sarai, the part so used of such building. It also includes a purao so far as the provisions of this Act are applicable thereto." 10. Keeper of the Sarai has also been defined as under:- "Keeper of a Sara" includes the owner and any person having or acting in the care or management thereof." 11. Section-4 of the Sarais Act defines that the Magistrate of the District shall keep a register in which names of the residents of the keepers of all Sarai shall be maintained. 12. Section-4 of the Sarais Act defines that the Magistrate of the District shall keep a register in which names of the residents of the keepers of all Sarai shall be maintained. 12. Section-7 also defines the duties of the keepers of the Sarais which reads as under:- Duties of Keepers of Sarais- the keeper of a sarai shall be bound- 1. when any person in such Sarai is ill of any infectious or contagious disease, or dies of such disease, to give immediate notice thereof to the nearest police-station; 2. at all times when required by any Magistrate or any other person duly authorized by the Magistrate of the District in this behalf, to give him free access to the Sarai and allow him to inspect the same or any part thereof; 3. to thoroughly cleanse the rooms and verandahs, and drains of the Sarai and the wells, tanks, or other sources from which water is obtained for the persons or animals using it to the satisfaction of and so often as shall be required by, the Magistrate of the District, or such person as he shall appoint in this behalf; 4. to remove all noxious vegetation on or near the Sarai, and all trees and branches of trees capable of affording to thieves means of entering or leaving the Sarai; 5. to keep the gates, walls, fences, roofs and drains of the Sarai in 6. to provide such number of watchmen as may, in the opinion of the Magistrate of the District, subject to such rules as the "[State Government) may prescribe in this behalf, be necessary for the safety and protection of persons and animals or vehicles lodging in, halting at or placed in the Sarai, and 7. to exhibit a list of charges for the use of the Sarai at such place and in such form and languages as the Magistrate of the District shall from time to time direct. " 13. A perusal of the aforesaid Sarais Act provides that the District Magistrate has been made in-charge to keep a register for the entry of all the Sarais having defined u/s 2 known as shelter or accommodation of the travelers and the keeper of the Sarai is known as owner or acting in the care or management thereto. 14. " 13. A perusal of the aforesaid Sarais Act provides that the District Magistrate has been made in-charge to keep a register for the entry of all the Sarais having defined u/s 2 known as shelter or accommodation of the travelers and the keeper of the Sarai is known as owner or acting in the care or management thereto. 14. Section 46 of the Indian Trust Act 1882 defines as under:- "A trustee who has accepted the trust cannot afterwards renounce it except (a) with the permission of a principal Civil Court of original jurisdiction, or (b) if the beneficiary is competent to contract, with his consent, or (c) by virtue of a special power in the instrument of trust. " 15. It is well known that Nainital is a tourist city and in order to facilitate the litigants, some accommodation is required for them. To maintain the principle "Litigants Interest is Supreme" we have to look after for the problems of the litigants including their stay, food and lodging so that the entire community of the litigants may not be deprived of their valuable rights to be heard for want of proper accommodation. 70% of the population of our country lives in villages and our democratic constitution has taken lot of care to give legal aid to the litigants. Article 39A reads as under ;- "The State shall secure that the operation of legal system promotes justice, on the basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities." 16. Article 51A is another example of our democratic constitution. Clause(j) of Article 51A reads as under :- "(j) to strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement.” 17. We are trying to solve the problems of the litigants faced by them by minimising their expenses and providing them shelter known as 'Parao' as defined in the Sarais Act. We are trying to solve the problems of the litigants faced by them by minimising their expenses and providing them shelter known as 'Parao' as defined in the Sarais Act. We hope and trust that the committee as constituted above will look after the interest of the litigants who come in the Parao / Dharamshala and will provide all facilities to them, which are the basic necessities of human beings, i.e. water, proper lavatories, Bathrooms etc. 18. The applicant stating the following facts has filed a supplementary affidavit paras 5, 6 & 7 of the same are quoted below :- "5. That for proper function and maintenance of Dharamshala the deponent on his behalf and on behalf of the Trust proposed that a committee be constituted for the management of Dharamshala and be constituted by following person and officials :- 1. Sub Divisional Magistrate, Nainital, 2. Executive Officer, Municipal Board, Nainital, 3. Station House Officer, Thana Tallital, Nainital, 4. Members of the Trust. 6. That it is further stated that the Deponent on his behalf and on behalf of the Trust undertake that one room accommodation of Dharamshala will be given on payment of Rs. 40 and the Double Bedroom shall be provided on payment of 60 Rs. per day. Each bed in the Dormitory shall be provided on payment of 20 Rs. per day per bed. 7. That it is further stated that the accommodation in Dharamshala will be provided for the litigants and other needy persons and only for a maximum period of 3 days. " 19. In view of the aforesaid facts narrated in the supplementary affidavit, the Trust Deed, The Sarais Act and the Indian Trust Act we are of the opinion that a committee may be formed consisting of the following persons/officers to look after the management of Dharamshala. Chairman:- 1. District Magistrate, Nainital or another officer delegated by him. Members :- 1. Executive Officer, Municipal Board, Nainital, 2. Station House Officer, Thana Tallital, Nainital, 3. Members of the Trust. 20. We therefore, dispose of the application no. 5543 of 2003 which is one of the issues in Public Interest Litigation no. 566/2001 Registrar High Court of Uttaranchal Vs. State of Uttaranchal and others. We hope, and trust that the present order will make a guiding factor for all of the districts of Uttaranchal wherever the Civil Courts are situated. 20. We therefore, dispose of the application no. 5543 of 2003 which is one of the issues in Public Interest Litigation no. 566/2001 Registrar High Court of Uttaranchal Vs. State of Uttaranchal and others. We hope, and trust that the present order will make a guiding factor for all of the districts of Uttaranchal wherever the Civil Courts are situated. Appropriate measures may be taken to locate the place like, Dharamshala or any other place to provide facilities to the litigants in establishing the principle of "Litigants interest is Supreme". 21. From the application filed by the parties concerned, it reveals that both the parties are agreeable to hand over the Dharamshala to be managed by the Committee as constituted above. Proper water and elementary needs as stated above shall also be provided to the occupier of the Dharamshala. 22. Copy of the order be forwarded to the District Judges and District Magistrates of all the districts of State of Uttaranchal.