Rajasthan High Court - Jaipur
Apollo Animal Medical Group Trust vs Dr. Raj Ishwar D Khare S/O Late Shree ... on 30 August, 2019
Author: Alok Sharma
Bench: Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Review Petition (Writ) No.206/2019
Apollo Animal Medical Group Trust, Jamdoli, Agra Road, Jaipur
Through Working Trustee Dulheram Meena S/o Shri
Ramswaroop Meena, Aged About 56 Years, R/o 17, Durga Vihar,
Sector No. 3, Malviya Nagar, Jaipur.
----Petitioner
Versus
1. Dr. Raj Ishwar D Khare S/o Late Shree Durga Dayal
Khare, Aged About 86 Years, R/o 1728, W. Cheletenham
Ave, Philadelphia, Pa. 19126 Usa Presently Residing At
Guest House, Apollo College Of Veterinary Medicine,
Village-Jamdoli, Agra Road, Jaipur, Founder Trustee
Apollo Animal Medical Group Trust Jamdoli, Agra Road,
Jaipur.
2. Assistant Commissioner -Ist, Devsthan Department,
Jaipur, Opposite Hawamahal, Ramchandra Ji Temple,
Jaipur.
----Respondents
For Petitioner(s) : Mr.S.K. Gupta with Mr.Shashi Bhushan Gupta.
For Respondent(s) : Mr.G.P. Sharma.
HON'BLE MR. JUSTICE ALOK SHARMA
Order
30/08/2019
Writ Petition No.9328/2019 was filed with the following prayer:-
"Your humble petitioner most respectfully prayed that by way of issuing appropriate writ order or directions, the application filed in Form No.8 under Section 23 of the RPT Act be quashed and set aside being filed without an authority of law and the respondent no.1 has no jurisdiction to hold enquiry in the matter of appointment/ removal of the trustees from the trust under Section 23 of the Rajasthan Public Trust Act, 1959. Further, the proceedings undertaken in furtherance of the aforesaid application (Downloaded on 02/09/2019 at 09:31:20 PM) (2 of 3) [WRW-206/2019] in Form No.08 be quashed and set aside by dismissing the aforesaid application dated 01.02.2019. Any other relief which this Hon'ble court deems just and proper in the facts and circumstances of the case may also be issued in favour of the petitioner."
The said writ petition was decided by this court vide its common order dated 12.7.2019 alongwith SBCWP No.9327/2019. Para 25 of the said judgment in the writ petition aforesaid reads as under:-
"25.In the result, writ applications succeed and are hereby allowed. Impugned orders dated 7th June, 2013 and 25th March, 2019, are quashed. The parties would be at liberty to avail of remedy before the appropriate Forum for inclusion/ exclusion of the Trustee(s), in accordance with the Scheme as carved out under the provisions of the Act of 1959."
Mr.S.K. Gupta counsel for the petitioner submitted that the judgment dated 12.7.2019 albeit purports to decide both SBCWP No.9327/2019 as also SBCWP No.9328/2019 no view on the merits of SBCWP No.9328/2019 has been set out by the learned Single Judge. Only the said petition has been allowed without reasons. In this view of the matter the judgment dated 12.7.2019 in respect of SBCWP No.9328/2019 is vitiated by an error apparent on the face of the record and denial of the principles of natural justice.
Mr.G.P. Sharma appearing for the petitioners in SBCWP No.9327/2019 submitted that a close reading of the judgment dated 12.7.2019 particularly Para 19 thereof indicates that the learned Single Judge has addressed the prayer in the said petition. Para 19 of the judgment dated 12.7.2019 on which reliance has been placed reads as under:- (Downloaded on 02/09/2019 at 09:31:20 PM)
(3 of 3) [WRW-206/2019] Para 19:- In the event of working trustee (a) disclaims or dies, (b) is absent continuously for a period of six months from india without leave of the Commissioner or Assistant Commissioner for the purpose as detailed out therein, the working trustee or any other person having interest in the Trust may apply to the jurisdictional Assistant Commissioner for permission to apply to the Court for appointment of new working trustee. In the event of non-compliance of the mandate and procedure as contemplated under Section 41, an application may be addressed to the Commissioner including adverse orders made under Section 41. Section 43 deals with the 'Power of the Court' upon application under Section 41 or Section 42. Any order made under Section 43(1), shall be deemed to be a decree of the court subject to an appeal to High Court, Thus, it is evident that removal of any trustee or appointment of a new trustee has to be made in accordance with the Scheme as contemplated under Section 38 to 43.
Heard. Considered.
I am afraid there is no force in the contention of Mr.G.P. Sharma. Para 19 quoted hereinabove does not even remotely address the prayer in SBCWP No.9328/2019. Quite evidently the said writ petition has perfunctorily been allowed without reasons. That is in contravention of principles of natural justice and an error apparent on the face of the record.
Consequently as writ petition no.9328/2019 has not been determined on its merits albeit the judgment dated 12.7.2019 purports to so do by allowing the judgment dated 12.7.2019 in regard thereto is recalled. Consequences to follow.
The interim order as obtaining before the disposal of the said writ petition shall continue till 3.9.2019 List the writ petition before appropriate Bench on September 3, 2019.
(ALOK SHARMA),J Karan Bhutani /531/88 (Downloaded on 02/09/2019 at 09:31:20 PM) Powered by TCPDF (www.tcpdf.org)