STATE OF M.P. Vs. MAHANT KAMAL PURI

JUDGEMENT

(1.) At Mauza Basaiya, "District Morana, there is shrine of "Basaiya Mata" which was founded by Mahant Rajpur sometime in the year 1949. After the death of Mahant Rajpuri his disciple Kundan Puri succeeded as the Mahant. Kundan Puri died in 1919 he was succeeded by his disciple Tejpuri. The shrine in course of time acquired considerable reputation and large offerings and endowments were made, and by the year 1920 the shrine was possessed of considerable property moveable as well as immovable.

(2.) After the death of Mahant Rajpuri, one Ramgovind Mishar asserted his title to the shirne and claimed it as his private-property. Ramgovind Mishar filed a number of complaints against Tejpuri, and obstructed the management of the properties of the shrine and the worship. On July 1, 1930, Tejpuri requested the State Government of Gwalior to take over the management of the shrine under its supervision. Complaints were also received by the Government of Gwalior from members of the public about mismanagement of the shrine properties. On December 6, 1932 an order was issued that the administration of the shrine be taken over and a special committee under Section 30 of the Gwalior State Places of Worship and Religious Endowments Aid and Administration Act, 1930, be appointed and that a report "showing the effect of taking over the administration of the temple be submitted after two years".

(3.) On August 10, 1929, the Commissioner of Jagir-Inam submitted a report that due to quarrels between the Mahant and his disciples and Ramgovind Mishar the income of the shrine was being frittered, that the Mahant and his disciples had caused considerable damage to the reputation of the shrine, that their "personal character was not trustworthy" that the police record showed that they had connections with goondas and they sold rifles to dacoits that out of the considerable offerings received in the shrine a small amount only had been depsoited, and that it was expedient to manage the shrine under the control of the Waqf Department till the relations between the Mahant and the pujaris "take a turn for the better and till the decisions of the suits" The Maharaja by his order dated August 10, 1939, accepted the report of the Commissioner, and ordered that the management of the shrine be taken over by the Waqf Department of the Government of Gwalior State.