STATE OF MADHYA PRADESH Vs. MURTI SHRI CHATURBHUJNATH

JUDGEMENT

(1.) The defendants are in appeal consequent to the dismissal of their second appeal. The respondent filed a suit for declaration and permanent injunction which was dismissed. The dismissal was reversed in the first appeal and the suit was decreed.

(2.) Shri Rahul Kaushik, learned counsel for the appellants, submitted that respondent no.1 was a public Temple. The revenue records were therefore rightly corrected by recording the name of the collector as 'Vyawasthapak' (Manager) which was done for better management of the temple properties. Respondent nos.2 and 3 were only "Pujaris". Therefore, they had no right to claim ownership of the Temple lands, much less have their names entered in the revenue records, seeking restraint against interference. The Temple being situated on government land belonging to the Aukaf Department was a "Devsthani Muafi". The Pujaris had no "Bhumiswami Rights" in the lands. Reliance was placed on an order dated 22.07.2019 in Civil Appeal No. 5041 of 2009 Ramesh Das (Dead) thr. Lrs. vs. State of Madhya Pradesh & ors., and Shri Ram Mandi Indore vs. State of Madhya Pradesh and ors., 2019 4 Scale 302.

(3.) Conversely Shri Randhir Singh Jain, learned counsel for the respondents, submitted that the Pujaris never claimed any ownership rights in themselves to the lands. The lands belonged to the Deity gifted by Syed Mohammed Ali, Manager of the landlord Hakim. The Deity was in peaceful possession and enjoyment of the lands since very long. Puja was being done by the Pujaris on basis of the income of the Temple. The unilateral correction in the land revenue entries as late as 1979-80, by recording the collector as 'Manager' was in complete violation of the procedure prescribed in Section 115 of the Madhya Pradesh Land Revenue Code 1959 (hereinafter referred as "the Code") as concurrently held by the First Appellate Court and the High Court. Reliance was placed on an order dated 06.10.2016 in Civil Appeal No. 8554 of 2015 "State Government of Madhya Pradesh & ors. vs. Narsingh Mandir, Chikhalda & ors.".