JUDGMENT 1. - This writ petition has been filed inter alia challenging the proceedings pending before the Assistant Commissioner. Devasthan Department under Section 18 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as "the Act"). 2. The sole contention raised by Mr. J.P.Joshi, learned counsel for the petitioner is that the proceedings under Section 18 of the Act have become time barred and therefore, no such enquiry under Section 18 of the Act can be held against the petitioner - Trust. The said enquiry appears to be have been initiated by the Assistant Commissioner upon the application of the respondent No. 3 Mr. Chhanwar Lal, who applied to the Assistant Commissioner for holding the Trust in question, namely, Bheru Ji Ka Mandir, Pal Road, Jodhpur as a Public Trust. 3. The contention of the learned counsel for the petitioner is opposed by the learned Government Advocate as well as learned counsel for the respondent No. 3 Mr. Harish Purohit who have submitted that no limitation has been prescribed in Section 18 of the Act for holding enquiry on the issues envisaged under Section 18 of the Act and therefore, the limitation prescribed under Section 17 of the Act cannot be imported into Section 18. 4. I have heard the learned counsels for the parties. 5. For appreciation of controversy raised in the writ petition, it would be appropriate to reproduce Section 17 to the extent relevant and Section 18 hereunder : "17. Registration of public trusts.-(1) 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. (2) The Assistant Commissioner may, for reasons to be recorded in writing, extend the period prescribed by sub-section (1) for the making of an application for registration by not more than three months. (3) ........................................ (4) ........................................ (5) ........................................ (6) No Assistant Commissioner shall proceed with any application for the registration of a public trust in respect of which an application for registration has been filed previously before any other Assistant Commissioner and the Assistant Commissioner before whom the application was filed first shall decide which Assistant Commissioner shall have jurisdiction to register the public trust.
(5) ........................................ (6) No Assistant Commissioner shall proceed with any application for the registration of a public trust in respect of which an application for registration has been filed previously before any other Assistant Commissioner and the Assistant Commissioner before whom the application was filed first shall decide which Assistant Commissioner shall have jurisdiction to register the public trust. (7) An appeal against the order of the Assistant Commissioner before whom the application was filed first, given under sub-section (6) may be filed within sixty days before the Commissioner and, subject to the decision on such appeal, the order of the Assistant Commissioner under sub-section (6) shall be final." 18. Inquiry for registration.-(1) On receipt of an application under Section 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 situated 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 object 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 persons having interest in the public trust under inquiry to prefer within sixty days objections, if any, in respect of such trust." 6. A bare perusal of said provisions shall indicate that enquiry for registration on an application filed under Section 17 of the Act also has to be held under Section 18 of the Act vide clause (viii) of Section 18 (1).
A bare perusal of said provisions shall indicate that enquiry for registration on an application filed under Section 17 of the Act also has to be held under Section 18 of the Act vide clause (viii) of Section 18 (1). The limitation of two years for filing application for registration of public trust commences from the date when such public trust is created or from the date when Section 17 becomes applicable to a public trust i.e. the date of commencement of said Act in the year 1959 for the public trusts which were already in existence prior to coming into force of this Act, the aforesaid limitation of two years is prescribed. After holding enquiry into contents of such application, the Assistant Commissioner may grant registration to the public trust in question as a public trust. The said period of two years cannot be read for period of limitation for enquiry under Section 18 of the Act in other areas as stipulated in Clauses (i) to (vii) of Section 18 (i) of the Act. Since Section 18 can be applied; (i) on the application under Section 17 or (ii) upon an application made by any person having interest in a public trust or (iii) on his own motion of the Assistant Commissioner, such period of two years cannot be imported in Section 18 of the Act. If what the learned counsel for the petitioner contended was correct, no enquiry into the affairs of a public trust or into the property of public trust etc. could be held after a period of two years defeating the very object for which such enquiry is envisaged under Section 18 of the Act. Therefore, this contention of the petitioner deserves to fail and is accordingly rejected. 7. Since no other ground has been raised challenging the pending enquiry before the Assistant Commissioner under Section 18 of the Act, no interference is called for in the writ jurisdiction in the said pending enquiry. The said Assistant Commissioner, would be free to proceed with the said enquiry under Section 18 of the Act in accordance with the law.
7. Since no other ground has been raised challenging the pending enquiry before the Assistant Commissioner under Section 18 of the Act, no interference is called for in the writ jurisdiction in the said pending enquiry. The said Assistant Commissioner, would be free to proceed with the said enquiry under Section 18 of the Act in accordance with the law. If the Assistant Commissioner arrives at a finding that the Trust in question is a public trust and directs registration of the same as such and the petitioner wants to contend otherwise, the petitioner has further remedy under the Act by way of an appeal under Section 20 of the Act and even after the said appeal is decided, the remedy by way of civil suit is prescribed under Section 22 of the Act once an entry is made in the register under Section 21 of the Act as a public trust. Therefore, sufficient remedy has been provided against the findings of Assistant Commissioner under Section 1.8 of the Act. Therefore, at this stage, rival contentions of parties on merits of the case are not required to be gone into, since enquiry is admittedly pending before the Assistant Commissioner. The contention of the bar of limitation raised by the petitioner having been found to be devoid of merit, has already been rejected above. 8. Consequently, this writ petition has no force and the same is accordingly dismissed. No order as to costs.Writ petition dismissed. *******