Rajasthan Public Trust Act, 1959–Secs. 2(17), 2(18) & 17–Whether the disputed properties belongs to Thikana Galta Ji/Galta Gaddi or they are the personal properties of Mahant ?–R applied for registration of Trust–He enclosed the list of properties of trust–Said list was amiss of the disputed properties i.e.. 35 shops 2 thaddis and 1 nohra–In the earlier order passed by the High Court of erstwhile State of Jaipur, the properties were held to be belonged to the Galta Gaddi–Therefore, it is clear that at the time of appointment of R as the Mahant of Galta Gaddi, the disputed properties were owned by Thikana Galta Ji–At the time of his appointment as Mahant, he did not possess any suo moto powers–He had to write repeated request letters to the erstwhile State of Jaipur to secure his rudimentary and basic rights to perform seva-pooja–The very definition of Mahant prescribes upon the office holder and limited role of managing the estate on behalf of and for the idol–Property belonging to the idol can in no manner whatsoever be usurped or treated to be the property of Mahant–R acted as the working trustee at the time of registration of trust and his rights were limited to the mere role of management as compared to the rights of a trustee as defined u/s. 2(17) of the Act–Disputed properties vest with the idol of Thikana GaltaJi, of whom the State of Rajasthan is the guardian as per Sec. 7 of Indian Trust Act–Therefore, in any circumstance, the Mahant cannot part with the properties vested in minor idol under the guardianship of the State.
