Rajasthan High Court Quashes Erroneous Declaration of Land as Public Trust Property

Court Rules Appellate Authority Exceeded Jurisdiction; Upholds Civil Court Decree in Favor of Petitioners

In a significant judgment, the Rajasthan High Court has quashed an order by the Commissioner, Devasthan Department which had erroneously declared land owned by Prem Prakash Bihani and others as public trust property for charitable purposes. The court ruled that the appellate authority had exceeded its jurisdiction by making such a declaration without any formal instrument or prayer from the parties involved, and in contradiction to a decree passed by a competent civil court.

The case arose from a writ petition filed by Prem Prakash Bihani and others, challenging the appellate authority's decision to declare their land as a public trust. The land in question had been purchased by the petitioners' forefathers in 1916, and the appellate authority claimed it was sold at a concessional rate for charitable purposes. However, the petitioners contended that the land was acquired at full value and there were no stipulations mandating its use for charitable purposes.

The judgment, delivered by Justice Rekha Borana, emphasized the absence of any formal and written instrument to establish the land as a public trust. Citing the Supreme Court's decision in Kuldeep Chand v. Advocate General to Government of H.P., the court stated that without such an instrument, the intention of dedicating the land for charitable purposes could not be concluded.

Moreover, the court highlighted that the appellate authority's decision contradicted a civil court decree which had ordered a partition of the land among the petitioners. The High Court reaffirmed that the appellate authority's order could not override the civil court's decision, deeming the former as contrary to law and erroneous.

The court’s judgment also noted that any previous construction of a Dharmshala on the land did not imply that the land was permanently dedicated for charitable purposes. The petitioners had already executed a trust deed for the portion of the land intended for Dharmshala, reinforcing their commitment to charitable activities without relinquishing ownership of the entire property.

In light of these observations, the High Court allowed the writ petition, setting aside the appellate authority's order to the extent it declared the land, aside from the Dharmshala portion, as public trust property. The judgment underscores the necessity for adherence to statutory provisions and the importance of respecting civil court decrees in matters of land ownership and trust establishment.

The decision marks a victory for the petitioners, ensuring their property rights are upheld, while also clarifying the limits of jurisdiction for authorities under the Rajasthan Public Trust Act, 1959.

Bottom Line:

Appellate Authority exceeded its jurisdiction in declaring land as public trust property for charitable purposes without any formal and written instrument to establish endowment and contrary to Civil Court decree.

Statutory provision(s): Rajasthan Public Trust Act, 1959 Section 17(2)

Prem Prakash Bihani v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2807627