DAKORE TEMPLE COMMITTEE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri A.K.Clerk, learned counsel for the petitioner, Shri A.Y.Kogje, learned AGP for the respondents no. 1,2 and 4 and Shri B.C. Rupera, learned counsel under the authority of Shri R.A.Mishra.

(2.) The petitioner, being aggrieved by the notice dated 24.6.94 issued by Talati -cum -Mantri, Dakor, Taluka -Thasra and the audit remarks as contained in Annexure:G has filed this writ application. The petitioner is the Managing Committee of the temple of Dakor. From time immemorial, people had been offering cash, ornaments and land to the temple. Managing Committee is managing day to day affairs of the temple. A notice was issued to the temple committee that as they were using particular land for commercial purposes, they were required to pay Rs. 44,700.25 ps. towards revenue for the period between 1989 -1990 and 1993 -94. After receiving the notice, the temple committee filed its objections and submitted that the land was used for grazing cattle and raising grass. It was specific case of the petitioner that the land was not used for any commercial purpose. It appears that no inquiry into the objections raised by the petitioner was made. It also appears that before the authorities could take any steps in the matter, the petitioner had rushed to this Court challenging the notice and the accounts entries.

(3.) Shri A.Y. Kogje, learned counsel for the respondent -State submits that as the petitioner is disowning his liability and is asserting that the land was not put for commercial use, the State authorities including the District Development Officer be allowed to make an inquiry into the allegations and counter allegations. He submits that if ultimately it is found that the land was being used for commercial purposes, then only notices would be pressed upon. Shri Rupera, learned counsel for the respondent no.3 also joins Shri Kogje in his statement. The statement made by Shri Kogje satisfies Shri Clerk, learned counsel for the petitioner.