Avdesh Sharma v. Malpura District Tonk (Raj.)
Case at a glance
Provisions considered
Judgment
Mandir Shri Kalyan Ji Maharaj Diggi Trust, Tonk Rajasthan Through Trustees 1/1 Sub-Divisional Officer Malpura Tehsil Malpura District Tonk Through Paden Chairman. 1/2 Shri Satyanarayan Sharma S/o Ram Kishan Sharma R/o Diggi, Tehsil Malpura District Tonk (Raj.) 1/3 Shri Jagmohan Sharma S/o Shri Kashinath Sharma, R/o Diggi, Tehsil Malpura District Tonk (Raj.) 1/4 Shri Subhash Sharma S/o Shri Rajendra Prasad Sharma, R/o Diggi, Tehsil Malpura District Tonk (Raj.) 1/5 Shri Jaiprakash Sharma S/o Shri Siyaram Sharma, R/o Diggi, Tehsil Malpura District Tonk (Raj.)
Assistant Commissioner, Devsthan Department, Old Rajasthan Public Service Commission Bhawan, Ajmer District Rajasthan Shri Siyaram Sharma S/o Shri Raghunandan Sharma, R/o Diggi Tehsil Malpura District Tonk (Raj.) Since Deceased Through His Legal Heirs 3/1. Smt. Savitri Sharma W/o Late Shri Siyaram Sharma, R/o Diggi, Tehsil Malpura, District Tonk (Raj.) 3/2. Kumar Vijay Sharma D/o Late Shri Siyaram Sharma, R/o Diggi, Tehsil Malpura, District Tonk (Raj.) 3/3. Shri Arvind Shrama S/o Late Shri Siyrarm Sharma, R/o Diggi, Tehsil Malpura District Tonk (Raj.) ----Respondents For Petitioner(s) : Mr. Anil Kumar Sharma for Mr. Ayush Joshi HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/07/2025 Learned counsel for the petitioner submits that an application under Section 40 of the Rajasthan Public Trust Act, 1959 (in short ‘Act, 1959) was submitted by the petitioner before [2025:RJ-JP:24414] (2 of 2) [CW-7848/2025] the Court of District and Sessions Judge, Tonk (Rajasthan) and same is pending till date. Counsel submits that during pendency of the said application, another application under Section 151 of CPC was filed on 16.08.2023 praying therein that a provisional committee be constituted till appointment of the trustees for proper management of the work of temple Shri Kalyan Ji Maharaj Diggi (Tonk). Counsel submits that said application is also pending and till date, no order has been passed. Counsel submits that in these circumstances, learned Court may be directed to expedite the hearing of the application filed under Section 151 CPC. Considering the limited prayer made by counsel for the petitioner and the fact that aforesaid application is pending since
16.08.2023, I deem it just and proper to directed the concerned Court to expedite the hearing of the application and decided the same in accordance with law within a period of three months from the date of receipt of certified copy of this order, if there is no legal impediment. This Court has not passed any observation on the merits of the case and thus, the application filed by the petitioner on
16.08.2023, may be decided in accordance with law without being influenced by this order. With the aforesaid directions this civil writ petition is disposed of. Stay application as well as pending application(s), if any, also stand disposed of. LALIT MOHAN /51 (ANIL KUMAR UPMAN),J
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