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Avdheshacharya vs. Devesthan Commissioner & Ors.

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Rajasthan Public Trust Act, 1959–Sec.18–Whether appointment on the post of Mahant of Thikana Galta Ji/Galta Gaddi is hereditary in nature or the same is to be administered through a systematic selection process on merits by the State ?–Petitioners have categorically failed to place on record any appointment letter/note of acknowlegement exhibiting the appointment of a shishya/lineal successor as the subsequent Mahant by the erstwhile Mahant–Contrary evidence that all the rights qua the appointment of any person as Mahant of Galta Gaddi shall be depend upon the will of the His Highness or his Highness Marzi–Petitioners failed to disharge the burden of proof of claim the existence and prevalence of hereditary succession–Application for registration of trust filed in the year 1963 does not signify that the succession on the post of working trustee would be hereditary–Held, post of Mahant of Thikana Galta Ji was never hereditary in nature and rather, was regulated and administered by the State.