VISHNUBHAI MAMNIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. With the consent of the parties, the matter is taken up for final disposal today.

(2.) . Petitioners, three in number, challenge Notification dated 22-4-1997 issued by the State Government under Chapter VII-A of the Bombay Public Trusts Act, 1950 (hereinafter referred to as "The Act"), whereby management and administration of Shri Kalika Mataji Temple, situated at the top of Pavagadh Hill, near Champaner in Halol Taluka of Panchmahals District has been taken over.

(3.) Petitioners are public spirited persons, interested in protecting Kalika Mataji Temple by initiating this proceeding as Public Interest Litigation. It is their case that thousands of pilgrims visit the temple and perform rituals. The temple is an ancient one. The present Pujari of the temple claimed ownership over it and tried to appropriate its income. By a decision in Charity Commissioner v. Balashanker Mahashanker Bhattji , reported in 1992(2) GLH 596, this Court declared the temple as a "Public Trust", as defined by S.2(13) of the Bombay Public Trusts Act, 1950. The decision of this Court has been upheld by the Apex Court in the decision in Balashanker Mahashanker Bhattji v. Charity Commissioner, reported in AIR 1995 SC 167 : [1995(1) GLR 711 (SC)]. Subsequently, respondent No. 2, the Charity Commissioner, filed Civil Suit No. 2 of 1994, on the file of the District Court, Panchmahals at Godhra for appointment of Commissioner for the management for the temple. District Court appointed a practising Advocate as Receiver. The order appointing Receiver was challenged before this Court without success. Suit in the District Court is one for framing scheme for the Trust. Now, invoking the powers under S.56-C of the Public Trusts Act, 1950, Government has declared the temple as a Public Trust for the purpose of provisions contained in Chapter VII-A of the Act. Pursuant to that Notification dated 22-4-1997, Government directed the Collector to take steps for presentation of the application for registration of the trust before the Assistant Charity Commissioner and for ancillary matters, authorising him to take all necessary steps. According to the petitioners, as per the provisions contained in Art. 26 of the Constitution, religious denomination, which has established and maintained the temple, has got the right to administer the same and Government, under the cover of Notification dated 22nd April, 1997, cannot take over its administration. By the decision of the Apex Court in Balashanker (supra), Shri Kalika Mataji Temple has become a public trust and the religious denomination, to which that trust belonged, has got the right to manage its own affairs without any interference by the Government. Chapter VII-A of the Act cannot have any application to this temple, which is a public trust. Invoking the powers contained in Chapter VII-A, it is contended, respondents cannot take over its administration from the Trustees.