RAGHUVANSH MANI TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In the present petition under Article 226 of the Constitution of India the petitioner is seeking issuance of writ of certiorari to quash the order of handing over the possession of property belonging to the Laxmi Narayan Temple ('the temple' for brevity) and the charge of office of the Pujari to the respondent No.4. The petitioner is also seeking restoration of possession of property belonging to the temple and the charge of the office of the Pujari to him.

(2.) It appears the property of the Laxmi Narayan Temple, Sadar Bazar, Bilaspur belongs to the respondent No.4 Trust, whose office is at Rewa (Madhya Pradesh). One Shri 1008 Shri Swami Raghwacharya Ji Maharaj Mahant of Laxman Bag, Rewa/respondent No.4 preferred a civil suit No.78-A/67 seeking declaration that he is the Manager and working trustee of the temple and is, therefore, entitled to the possession of the temple and the office of the Pujari. He also sought a direction that the order passed by the Registrar, Public Trust in Revenue Case No.1-B-113 (i)/1964-65 dtd. 18/5/1965 is illegal and void.

(3.) By judgment and decree dtd. 12/8/1969 the suit was decreed in the following terms : In result, the suit succeeds and is decreed with costs. It is hereby ordered and declared that the plaintiff alone is the manager and working trustee of the temple of Laxminarayan Bhagwan and its property situated at Sadar Bazar Bilaspur and that the order passed by the Registrar Public Trust in Rev. Case No.1-B-113(i) /64-65 on 18/5/65 is illegal and void and further the defendant No.4 is directed to correct its and 3 shall handed over the charge to the plaintiff . The defendants 1, 2 and 3 will bear their costs and the costs of the plaintiff. Defendant No.4 will bear its own costs.