RATAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of the parties, petition is disposed of finally.

(2.) PETITIONER contends that Koteshwar Mahadev, Temple is an Aukaf property and Scindia Devsthan Trust is not the owner of the property. It is contended that petitioner is a worshipper of Lord Shiva and is worshipping in the temple known as "Koteshwar Mahadev Temple, Gwalior." It is contended that the temple is more than 100 years old and it is open for general public for worship. It is contended that respondent No. 4 is trying to alienate the property of the temple asserting that the property belongs to the trust whereas trust has only power to manage the temple and it is not owned by the Trust. Petitioner has, therefore, prayed that respondent No. 4 be restrained from alienating the muafi land of Lord Shri Koteshwar Mahadev Temple, Gwalior and any alienation of the land by the said Trust be quashed being void ab initio. The property belongs to Aukaf department. Muafi land is owned by Aukaf department of State Government and the control over the said property vests with the State Government.

(3.) RESPONDENTS State, in their reply have contented that the temple Koteshwar Mahadev is a public temple and the property attached to the temple is in the name of deity. The name is recorded as 'Muafi Devasthani Shri Koteshwar Mahadevji Banke Deh Haja Ba-Ehtamam Devasthan Maufi Devesthani. This entry continued upto Samvat 2031 i.e. upto the year 1973-74 and from Samvat 1997 till Samvat 2031, the nature of the land has been shown to be that of Muafi and ownership is that of deity. In the year Samvat 2032, entry was modified as 'Shubh Sthan Koteshwar Mahadevji Ba-Ehtamam Scindia Devasthan Trust Bhumi Swami' and this entry on the basis of some orders passed by Tahsildar. However, no such information or order could be traced out and the basis of recording the entry is not established on record. It requires to be ascertained. It is contented that the legal position is that 'Muafi land' cannot be transferred and the land can only be under the control and management of the Government or any person or body appointed by the Government to manager the temple and land attached to the temple. The body appointed to manage has no right to sell the property. The right of management alone is conferred upon the body. Recording of Scindia Devsthan Trust as Bhumi Swami is against the law. Such entry is required to be enquired into. Entry made in Column No. 20 of khasra of the year 1975 itself discloses that the entries are self contradictory as the word used are "Ba-Ahtemam Scindia Devsthan Trust Bhumi-Swami" Entry in the records shows that Scindia Devsthan Trust is the manager of the temple which is managing the temple. Therefore, after recording the entry as "Ba-Ahtemam", further entry as "Bhumi Swami" is redundant. Bhumi Swami will always be the deity and control over the properties vests with the Aukaf department. Title of the property of deity does not vests with the respondent No. 4 Trust. It is settled position of law that Aukaf property cannot be registered as public Trust. Any attempt to sell the property of the deity by respondent No. 4, Trust, will amount to misfeasance and on account of misfeasance, the Trust is liable to be removed from the management of the said temple. If any sale deed of the property of the deity is executed by respondent No. 4 in favour of respondent No.