MAA SHEETLA SAYAPEETH MANDIR VYAVASTHAPAN SAMITI/SHITLA MATA KALYAN SAMITI Vs. STATE OF M.P. AND OTHERS

JUDGEMENT

(1.) A society vide Annexure P/2 shown to have been registered under the provisions of Society Registrikaran Adhiniyam, 1973 (for brevity the Adhiniyam of 1973 ) on 16/3/2009 in the name of Shitla Mata Kalyan Samiti; the petitioner, has approached this Court with the grievance initially against the notice dated 10/5/2010, Annexure P/1, under Sec. 5 (2) of the Public Trust Act (hereinafter referred to as the Trust Act ) read with Rule 5 (1) of the Public Trust Rules, 1962 under the signatures of Registrar, Public Trust, Gwalior inviting objections on an application filed by the Ex-officio Tehsildar under Sec. 4 of the Trust Act for registration of public trust in the name of Mandir Maa Shitla Mata Nyas, Village Satau, District Gwalior. The notice was published in the Gazette as well on 28/5/2010 calling upon the interested persons to file objections on 11/6/2010 in the matter of enquiry as regards registration of the trust as contemplated under Sec. 5 of the Trust Act. During pendency of the petition, the findings recorded by the Registrar, Public Trust, under Sec. 6 of the Trust Act and further order for registration of Public Trust on 3/7/2010 has been challenged.

(2.) Petitioner has contended that Shitla Mata temple is one of the oldest temple of the area and was originally constructed 400 years ago by the forefather of the petitioner-Late Shri Gajadhar Singh, which was initially installed at village Kharaua, Tehsil Gohad, District Bhind, but later on as Goddess Shitla Mata in his dreams expressed her wishes to shift her and install in the forest area away from his residence, therefore, by obeying the orders of Goddess Shitla Mata the forefathers of the petitioner installed the Deity Shitla Mata in Kho known as Shitla Mata Mandir, Kho. After the death of Gajadhar Singh, his son Ramanand Singh and then his son Mahant Har Govind Singh and thereafter present Mahant Nathuram is in charge of the Deity's worship and management. As such, it is a private temple and property of Mahant Nathuram since Samvat 1669 (year 1612). Now in the interest of temple and the Deity it was decided in the year 2009 to get the society registered under the Adhiniyam of 1973 in the name of Shitla Mata Kalyan Samiti, Satau, Tehsil Gwalior, District Gwalior. Accordingly, the society is registered vide registration certificate dated 16/3/2009. With the aforesaid pleadings, it is submitted that the society being administered under the Adhiniyam of 1973, the provisions of the Trust Act are not applicable to it in the light of provisions contained under Sec. 36 (1) (b) of the Trust Act and, therefore, the impugned notice issued under Sec. 5 of the Trust Act and published in the Gazette calling upon the objections for registration of trust in the name of Mandir Maa Shitla Mata Nyas is patently illegal and contrary to the provisions of the Trust Act. The order dated 3/7/2010 passed by the Registrar, Public Trust, recording the findings under Sec. 6 of the Trust Act and further direction for registration of the public trust is without jurisdiction and illegal. The said order is also patently illegal and contemptuous, as despite interim order passed by this Court on 24/6/2010 staying further proceedings of registration of the society as public trust pursuant to notice dated 10/5/2010, the same has been passed.

(3.) The respondents have filed counter affidavit. It is contended that temple of Maa Shitla is located on survey nos.397, 398, 399 and 400. The same is recorded as forest land in the revenue records. The temple is situated on survey no. 398. As such, it is the public property. Petitioner without disclosing the fact that the temple is on the Government land and not on the private land manipulated issuance of the registration certificate, Annexure P/2, under the provisions of the Adhiniyam of 1973. Petitioner though submitted reply on 11/6/2010 in response to the notice dated 10/5/2010 published in the Gazette, but did not submit any document much less title document in respect of Shitla Mata Mandir showing his ownership or any right and interest therein. Even the registration certificate allegedly obtained by them and annexed as Annexure P/2 was not submitted. Reply to the aforesaid objection was also submitted by the applicant-Ex Officio Tehsildar on 1/7/2010, wherein the facts were reiterated that the temple is in the Government land and as such, it is a public property. Offerings and belongings of the Deity is also public property. The public trust was constituted to save the property and the public money, to ensure development of the temple and to checkmate misuse, misappropriation and encroachment in the vicinity of the temple. As such, the process for constitution of public trust was in pure public interest. Moreover, Shitla Mata Mandir though is claimed to have been managed by the forefathers of the petitioner for last 400 years, but without any proof of ownership or right and interest in the temple and the society is allegedly registered in the year 2009 only. It is also pointed out that due to large scale encroachment in the area, a Public Interest Litigation has also been filed pending consideration before this Court vide Writ Petition No. 1331/2009 (Rajkumar Mishra Vs. State of M.P. and others) , wherein directions have been issued to the Collector for enquiry, investigation and removal of encroachment in the same vicinity/area.