MANDIR SHRI SATYA NARAYAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petitioner becomes aggrieved from the concurrently made decisions respectively, passed on 29/9/2015 (Annexure P-18) and, on 13/5/2021 (Annexure P-20), by the learned DDPO, Patiala, and, by the learned Commissioner concerned, wherebys his espoused declaratory claim for his becoming declared owner in possession of the suit lands, rather became declined. Resultantly, through instituting the instant writ petition the petitioner has brought challenge to the annexures (supra).

(2.) Admittedly, the suit lands were donated by one Santa Singh, Ganda Ram, and, Shri Rulia to Shri Satya Narayan Mandir, on 15/6/1954. Admittedly a mutation became also attested whereby right, title and interest over the disputed lands became conferred, upon Mandir Shri Satya Narayan. Even in the consolidation operations which were conducted, in the village mohal concerned, in the year 1959-60, thus the disputed lands became reserved for Mandir Shri Satya Narayan, and, thereafters corresponding entries were made in the jamabandi for the year 1961-62. A perusal of the jamabandis respectively relating to the years 1967-68 to 2001-02, reveal that in the column of ownership the name of Nagar Panchayat exists, but in the column of cultivation the temple (supra), is existing, but it also appears that the predecessor-in-interest of the present petitioner one Des Raj was cultivating the suit lands, as Mohtmim of the temple (supra). Therefore, it appears that all the interests of the minor deity inside the temple (supra), became taken care of by Des Raj, but as Mohtmim thereofs. In the said capacity, the said Des Raj also proceeded to offer prayers to the minor deity installed inside the temple (supra), but as its Shehbit. Moreover, it also appears that the said Des Raj proceeded to also on behalf of the temple (supra), thus proceeded to make cultivations of the suit lands.

(3.) Through a Will made by the said Des Raj in favour of the present petitioner, he appointed him as the Mohtmim of the temple, besides also through a Will executed by the present petitioner, he proceeded to appoint his son as Mohtmim of the temple (supra).