RAM JANKIJEE DEITIES Vs. STATE OF BIHAR

JUDGEMENT

(1.) The core question that falls for consideration in this appeal, by the grant of special leave, is whether a Deity being consecrated by performance of appropriate ceremonies having a visible image and residing in its abode is to be treated as a juridical person for the purpose of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962).

(2.) On a reference to the factual backdrop, the records depict, that one Mahanath Sukhram Das did execute two separate deeds of dedication in December, 1950, and duly registered under the Indian Registration Act, dedicating therein the landed properties to the deities 'ram Janki Ji' (Appellant No. 1) and Thakur Raja (wrongly described in the records of the High Court as 'raja Rani') (Appellant No. 2). Both the deities were separately given the landed property to the extent of 81.14 acres of land and in fact were put in possession through the shebaits. After, however, the death of the aforesaid Mahanth Sukhram Das, Petitioner No. 3 became the shebait of both the deities. The properties of the deities were also duly registered and enlisted with the Religious Trust Board and the same are under the control and guidance of the Board.

(3.) Be it noted that both 'ram Janki Ji' and 'raja Rani' (for convenience sake since the High Court referred to the deity as such in place and stead of Thakur Raja) are located in two separate temples situated within the area of the land.