PRATAPSINHJI N DESAI Vs. DEPUTY CHARITY COMMISSIONER GUJARAT

JUDGEMENT

(1.) This appeal on certificate brought from the judgment and order of the High Court of Gujarat dated July 3, 1972 raises a question whether the High Court was justified in reversing the decision of the District Judge, Surendranagar dated March 19, 1964 and restoring the order of the Charity Commissioner, Ahmedabad, State of Gujarat dated February 1, 1962 upholding that of the Deputy Charity Commissioner, Ahmedabad holding that the two temples of Sri Dwarkadhishji and Sri Trikamrayji at Patadi were temples as defined in S. 2(17) of the Bombay Public Trust Act, 1950 and therefore they fell within the purview of the expression 'public trust' within the meaning of S. 2(13) of the Act.

(2.) The facts giving rise to the appeal may be shortly stated. The appellant is a former ruler of the semi-jurisdiction State of Patadi, one of the 17 States which entered into a covenant for the formation of the United State of Kathiawad which on the reorganisation of the States became part of the former State of Bombay and now forms part of the State of Gujarat. The Bombay Public Trust Act, 1950 was extended to the Saurashtra region including the area that formed part of the erstwhile State of Patadi in the year 1952.

(3.) In Patadi, which was the seat of the former Ruler, there exist two temples known as Sri Dwarkadhishji Mandir or Haveli which is the main temple and adjacent to it there is the smaller temple known as Sri Trikamrayji Mandir. Both these temples were constructed in the years 1872 and 1875 respectively by the then ruler of Patadi and the cost of construction was met from the Patadi State Treasury. The temples are situated on the main road in Patadi and do not form part of the Darbargadh or the palace wherein the ruler and the members of the royal family used to reside, although there exists a passage leading to the public road presumably meant for the use of the ladies of the royal family. In the Gram Panchayat records Sri. Dwarkadhishji Mandir or Haveli stands in the name of the deities and the appellant is merely shown as a Vahivatdar. Similarly, Sri Trikamrayji Mandir is shown as the property of the deities and the appellant as a Vahivatdar. The two temples were exempted from payment of municipal as well as other taxes including the land revenue presumably because they were public temples. This is one of the decisive factors in determining whether a temple is a private or a public one.