Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Devasthanam Department Mahant of the Peeth Rajasthan Public Trust Act 1959 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Rajasthan Public Trust Act, 1959 - ss. 24 and 53 - Registration of the Peeth / Thikana as a Public Trust under the Act - Appointment of a Committee u/s. 53- Mahant of the Peeth challenging the appointment of the Committee - Public Interest Litigations seeking declaration of the properties of the Peeth as Trust properties, for ascertaining the mode of succession and for direction to the Government to take over the management of the Trust- High Court relegated the Pl Ls to the statutory authority in view of the facts that the issues of right to succession and administration of the properties of the Peeth were pending consideration u/s. 24 before Asstt. Commissioner, Devasthanam Department - The Court, however, dismissed the petition challenging the appointment of the Committee, as infructuous - Held: The Act is a self- contained Act providing appropriate mechanism - It clearly demonstrates the power and jurisdiction of the Assistant Commissioner in deciding the issues pertaining to public trust and particularly the issues raised in the present cases - High Court rightly relegated the issues to be decided by the statutory authority - The Assistant Commissioner was empowered under the Act to adjudicate the issues involved - The appellant having approached the statutory authority has availed the alternative remedy available under the Act and hence cannot be permitted to avail two remedies simultaneously by approaching the Supreme Court - The appellants also cannot be said to be aggrieved by dismissal of the petition as infructuous.Public Interest Litigation - Scope of PIL - Held: The concept of Public Interest Litigation is a phenomenon which is evolved to rescue the poor and downtrodden - In the realm of PIL, the courts while protecting the larger public interest, should at the same time have to look at the effective way in which the relief can be granted to the people whose rights are adversely affected - If the interest can be protected and controversy can be adjudicated by a mechanism created C under a particular statute, the parties should be relegated to the appropriate forum instead of entertaining the PIL - Scope of PIL is very limited in the matter of religious institutions - Public Trusts and religious institutions are governed by particular legislation - It is not proper for the Court to entertain D such litigation under PIL - The forums cannot be misused by the rival groups in the guise of PIL - The judiciary should deal with the misuse of PIL with iron hands. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2014 INSC 288 |
Petitioner | Jaipur Shahar Hindu Vikas Samiti |
Respondent | State Of Rajasthan & Ors. |
SCR | [2014] 11 S.C.R. 677 |
Judgement Date | 2014-04-17 |
Case Number | 4593-4594 |
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