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11. In the rejoinder, counsel appearing for the review petitioner submitted that the learned writ Court while passing the order dated 12.07.2019 and allowing / disposing of the writ petition held that the order dated 07.06.2013 passed by the Assistant Commissioner (I), Devsthan Department, is without jurisdiction observing that the application submitted for change in the entries of the Trust has not been submitted by the Managing /Working Trustee. He further submitted that there were no pleadings in the writ petition on this issue and therefore, there was no occasion to file a detailed reply in regard to the jurisdiction of the Assistant Commissioner (I), Devsthan Department, detailing the factual matrix in regard to passing of the order dated 07.06.2013 and the proceedings in regard to the appointment and approval of Dr. Srinivasan Ramanathan as the Managing Trustee. The application was submitted by Dr. Srinivasan Ramanathan on which the order dated 07.06.2013 was passed and at the time of submitting the application Dr. Srinivasan Ramanathan was the Managing Trustee. By the Resolution dated 11.07.2020 Dr. Srinivasan Ramanathan has been appointed as a Managing Trustee and the respondent/ petitioner filed writ petition No18550/2019 in that regard which was [2023/RJJP/012423] (16 of 35) [WRW-202/2019] subsequently withdrawn by him to file an appeal before the Commissioner, Devsthan Department. He also submitted that the proceedings under Section 23 of the Act of 1959 are totally different and separate from the proceedings under Section 38 of the Act of 1959. He also submitted that no proper opportunity was allowed to the review petitioner to defend his case on facts and law in regard to the validity of the order dated 07.06.2013 because neither there were pleadings in the writ petition nor any material fact and the documents related to the proceedings before the subordinate authorities were placed on record by the respondent/ petitioner. Therefore, an error apparent on the face of record has occurred by passing the order dated 12.07.2019 by the writ Court without there being pleadings and opportunity to defend to opposite party.

23. This Court vide order dated 12.07.2019 held that the order dated 07.06.2013 in regard to the entries of new Trustees, is void and without jurisdiction on the count that the application for recording the entries was not made by the Managing / Working Trustee as required under the provisions of the Act of 1959. From the pleadings of the writ petition, review petition and the arguments of the counsel appearing for the respective parties, certain facts have come out, which requires to be taken into consideration. Annex.10 of the writ petition speaks that as per the Resolution passed by the Board of Trustees of the Trust in its meeting held on 11.07.2010 Dr. Srinivasan Ramanathan was appointed as a Managing Trustee of the Trust. On 20.07.2010 a compromise deed was also executed with the acceptance of Dr. Raj Ishwar D Khare, Dr. Srinivasan Ramanathan and Dr. Sohan Singh Khare with the resolution that Dr. Srinivasan Ramanathan will be the Managing Trustee of the Trust. On 21.01.2013, an application was filed by the Managing Trustee Dr. Srinivasan Ramanathan for approval and registration of the change occurs from 11.07.2010, to which objections were filed by Dr. Sohan Singh Rathore on 28.05.2013. On 10.04.2019 Dr. Raj Ishwar D. Khare after six years and after the death of Dr. Sohan Singh Rathore also filed objections, though in several correspondences and the letters, Dr. Raj Ishwar D. Khare has mentioned that Dr. Srinivasan Ramanathan as the Managing [2023/RJJP/012423] (27 of 35) [WRW-202/2019] Trustee. On 13.09.2019 the Assistant Commissioner, Devsthan dismissed the objections filed by Dr. Raj Ishwar D. Khare stating that Dr. Raj Ishwar D. Khare himself was a signatory for appointment of Dr. Srinivasan Ramanathan as the Managing Trustee and held that Dr. Srinivasan Ramanathan was the Managing Trustee from 11.07.2010 to 09.04.2017. Against the order dated 13.09.2019, Dr. Raj Ishwar D. Khare filed a writ petition which was withdrawn by him on 18.11.2021 with liberty to file an appeal before the Devsthan Department. Thereafter, Dr. Raj Ishwar D. Khare filed an appeal, which is pending. Therefore, the issue of Managing Trustee is still pending before the Commissioner, Devsthan Department, apart from the order dated 13.09.2019 whereby it has been held that Dr. Srinivasan Ramanathan was the Managing Trustee from 11.07.2010 to 09.04.2017. The order of this Court dated 12.07.2019 as regards validity of the order dated 07.06.2013 is beyond pleading and lacks detailed and correct facts from the writ petitioner.

24. The order dated 12.07.2019 declaring the order dated 07.06.2013 as void and without jurisdiction on the sole ground that the application in regard to entries of new Trustees has been submitted by Dr. Srinivasan Ramanathan, who was not the Managing /Working Trustee, whereas detailed facts stated in above para clearly speak that on the [2023/RJJP/012423] (28 of 35) [WRW-202/2019] date of filing of the application by Dr. Srinivasan Ramanathan, he was the Managing Trustee of the Trust. The petitioner in his memo of the writ petition has nowhere stated about the aforesaid facts and not submitted the pleadings in regard to the validity of the order dated 07.06.2013. The order dated 12.07.2019 holding the order dated 07.06.2013 as void and without jurisdiction in absence of the pleadings and the material facts as stated above, is an error apparent on the face of record and also shows that the writ Court has exceeded its jurisdiction by passing the order dated 12.07.2019 without pleadings and prayer in regard to the validity of the order dated 07.06.2013.

25. The counsel appearing for the respondent / petitioner has cited certain judgments in regard to the validity of the orders on application for changes in the names of the trustees filed by person other than the Managing /Working Trustee. The legal position though is not disputed that an application for recording the entries about the names of Trustees is to be submitted by the Managing /Working Trustees. In the present case, as evident from the certain facts, as stated in the above paras, have not been brought to the notice of this Court by the counsel appearing for the respondent /petitioner and the order dated 12.07.2019 has been passed in ignorance of all these material facts. If all these facts would have been there on the record by the writ [2023/RJJP/012423] (29 of 35) [WRW-202/2019] petitioner, this Court may not have passed the order in regard to holding the order dated 07.06.2013 as void and without jurisdiction because as per the facts brought on record, on the date of submitting the application, Dr. Srinivasan Ramanathan was the Trustee. Therefore, the finding of the Court that the application for change in the entries has not been filed by the Working Trustee is contrary to the facts and is an error apparent on the face of the record.