MAHANT SURYAPRAKASH RANCHHODDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of fiiling this petition, the petitioners have sought for the following reliefs:-

(2.) The brief facts of the petitioner's case is that the properties in question were originaly private properties of Guru Keshavdas, and after the death of Guru Keshavdas, Guru Karsandas became the Mahant and succeeded the properties under his Will. On the death of Guru Karsandas his chela Guru Atmaram became Mahant and succeeded to the properties of Guru Karsandas under his Will dtd. 8/12/1941. Thereafter, Guru Atmaram died leaving his Will dtd. 6/5/1947, appointing Guru Ranchhodas as Chela.

(3.) It is contended in the reply that the temple situated in Hanuman Pole in Wadi aread of Baroda city, one Atmaramdasji was the Mahant of that temple. The devotees of the said Mahant used to donate properties to teh Mahant for the welfare of public at large and this is how the Mahant owned movable and immovable properties worth crores of rupees. That the Mahant was a bachelor and had expired on 4/10/1947. It is further avered that after the death of the deceased Mahant, one Sevadas Keshavdas and Maganlal Jagannath made an application to the District Magistrate, Baroda stating that the deceased Mahant Atmaramdasji had expired without leaving any heir and therefore, the State should take over all the properties of Atmaramdasji. Thereafter, an advertisement was published in the newspaper, wherein the properties of the Atmaramdasji were described and stated that if any person is claiming the said properties then the same should be informed to the authoritye on or before 1/12/1947. Purusant to the said advertisement no claim was recived by the authority within the presribed time limit. Therefore, the properties were declared as unclaimed properties.