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12. Another contention advanced by the counsel was that the reliefs sought in the writ petition cannot be considered by the Assistant Commissioner in view of the fact that the Assistant Commissioner does not have such jurisdiction to decide the issues raised.

13. To substantiate his contention, the learned counsel submitted that as per the provisions of the Act, it is the Court within the meaning of sub- section (6) of Section 2 of the Act, which has to appoint the members of the Trust. But, the 4th respondent, himself, nominated the members of the Trust and usurped the office of the Trust without any authority of law. Under Section 41 of the Public Trust Act, he has to apply to the concerned Court and under Section 43 it is the power of the Court to appoint the trustees with regard to the custom or usage and, as per the provisions of Section 53(1) of the Act a committee of management has to be appointed in place of the Respondent No.4 by the State to protect the properties of the Galta Peeth and the Respondent No.4 cannot appoint his own trustees and the State Government has to appoint the working trustee in accordance with the Act.

32. Section 39 provides that where the Assistant Commissioner rejects an application, fails or refuses to make an application to the Court, an appeal lies to the Commissioner. On receipt of an application made under Sections 38 or 39, the Court shall consider and pass appropriate orders under Section 40 of the Act. Section 41 envisages that if the present working trustee of a public trust, for any reasons mentioned therein, can make an application to the Assistant Commissioner having jurisdiction seeking permission to apply to the Court for appointment of a new working trustee and the Court under Section 43 of the Act can make inquiry and pass an order.
33. Section 49 of the Act empowers the Assistant Commissioner to ask for explanation of the working trustee. If the Assistant Commissioner, on a perusal of the report of the auditor made under Section 34, is of the opinion that material defects exist in administration of the public trust, he may require the working trustee to submit an explanation thereon within such period as he thinks fit.
34. Some special provisions are provided to public trusts under Chapter
10. Section 52 emphasizes how this chapter is applied to a public trust.

(b) making of entries in the register, their correction and inquiry, if any; (c) duties of auditor and inspection of balance sheet by any person interested in such public trust; (d) application by any person seeking directions from the Assistant Commissioner to appoint a new working trustee on the ground that the properties of the trust are not being properly managed or administered; (e) power of the Assistant Commissioner to ask for explanation of the working trustee about the administration of the trust; and (f) in case of mismanagement, power of the State Government to appoint a new committee of management etc.