JABALPUR, India, May 26 -- Madhya Pradesh High Court issued the following judgment/order on April 24:

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

i) Hon'ble Court may kindly be pleased to call for the entire record of proceedings relating to passing of the impugned order(Annexure P/13) from the Office of respondent no.1.

ii) Hon'ble Court may kindly be pleased to issue an appropriate writ or direction to quash the impugned order dt.13/5/2011(P/13).

2. It is the case of the petitioner that the petitioner is Sarvarakhar of a private Shiv Temple situated at village Dunda Seoni. It is submitted by counsel for the petitioner that from last four generations the petitioner and his forefathers are maintaining the temple from the income of about 14 acres of land attached to that temple. It is submitted that late Bhawani Patel has constructed Seoni Temple in Samvat 1913, i.e. about 250 years ago and kept around 14 acres of land for the maintenance of this temple and for meeting out the expenses of Pujari. A deed was executed in this respect which is filed as annexure P/1. The name of late Sumaran as Sarvarahkar has been record in the record of rights of the year 1962-63, annexure P/3 and P/4. However, on the complaint made by some villagers, the respondent No.1 acting in the capacity of Registrar, Public Trust, by the impugned order, has constituted a committee of five members for managing the affairs of the temple. It is submitted that out of 5 members, 2 are public servants, who cannot participate in the religious activities of the temple. It is submitted that the respondent no.1 without conducting any enquiry whether the temple is private or public, has tried to impose his own Scheme for management of the temple. Hence, prayed for quashment of impugned order dated 13.5.2011.

3. Per contra, the petition is vehemently opposed by counsel for the State. It is submitted that on the complaints of villagers, an enquiry was got conducted through Tahsildar, who in his report dated 6.4.2011 has found that temple is 200 years old and requires renovation and, therefore, recommended for auction of the land and for constitution of Committee for managing the affairs of the temple. On the basis of enquiry report, and recommendation of the Collector/Registrar, Public Trust, by the impugned order dated 13.5.2011 has constituted a five members committee for maintenance and for management of the temple.

4. Heard learned counsel for the parties and perused the record.

5. From perusal of the record, it is found that the land attached to the temple is recorded in the name of deity. Under the provisions of Code of Civil Procedure, the deity is treated to be a minor and is always represented by a next friend. It is not in dispute that the temple and the land attached to it was settled by a private person. There is no material available on record to substantiate that the land has been recorded as a Government land. The Hon'ble Apex court in the case of State of Madhya Pradesh Vs. Pujari Utthan Evam Kalyan Samiti, (2021) 10 SCC 222, has elaborated the aspects and nature of the land attached to deity and also delineated the procedure to manage it.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2011/WP/9139/WP_9139_2011_FinalOrder_24-04-2026_digi.pdf)

Disclaimer: Curated by HT Syndication.