THAKAR DWARA BHORAY Vs. STATE

JUDGEMENT

(1.) This is a petition by Thakar Dwara, Bhoray, Tehsil Nabha, District Patiala (hereinafter referred to as "the Thakar Dwara") and Mahant Raghunath Dass, under Articles 226 and 227 of the Constitution for quashing the order dated 18-3-1996 passed by the Financial Commissioner Revenue, Punjab (respondent No. 2), whereby Raghunath Dass (petitioner No. 2), the present Mahant and Mohatmim of the Thakar Dwara, has been removed from his office and possession of the entire movable and immovable property of the Thakar Dwara was taken over by the State Government.

(2.) The Thakar Dwara is a religious and charitable institution of the Bairagi sect and is in existence for a long time. The petitioners' case is that, since succession to the office of Mahant of the Thakar Dwara had taken place in the past from Guru to Chela in accordance with the custom and usage of the Bairagi sect, Raghunath Dass came to be appointed as the Mahant by his Guru Sadhu Dass on 17-1-1983. Power to appoint the Mahant was, as per the custom, vested in the Bhekh (members of the religious fraternity). Raghunath Dass is also said to have been appointed by the Bhekh on the demise of his Guru. Sadhu Dass, on 17-1-1983. He was managing and controlling the affairs of the Thakar Dwara since then. Land measuring 62 Bighas 13 Biswas is under cultivation and is managed by the Thakar Dwara. Out of the aforesaid area, land measuring 34 bighas 2 biswas was given on contract and the remaining land was cultivated by the Mahant himself. Besides, agricultural land measuring 35 to 40 Bighas, situated in village Jatiwal (Bhadson), is also attached to the Thakar Dwara. The petitioners have challenged the removal of the present Mahant and the takeover of the possession of the property on the ground that a properly-appointed Mahant could not be removed by the State Government, nor could the properties be taken over without sufficient reasons. Since the Thakar Dwara belonged to a religious sect, Bairagi, the Government had no authority to interfere with the religious affairs of that particular sect. The appointment of the Mahant cannot be challenged nor the control and management of the Mahant over the properties of the Thakar Dwara can be taken over. There is a temple of Lord Krishna and Radhika, and also of other idols, inside the premises of the Thakar Dwara. There are nine Samadhis of the deceased Mahants. It is alleged that some revenue officials came to the Thakar Dwara on 31-7-1996 and physically, threw the Mahant out from the premises of the Thakar Dwara and put their locks on the rooms and the main gate. The revenue officers obtained the thumb-impression of the Mahant on certain documents and forcibly took over the possession of all the properties. The action of the State Government is said to be a flagrant abuse of the executive powers inasmuch as the action was initiated without sufficient reasons or valid authority. The State had no right to interfere with the religious affairs of the Thakar Dwara which was in the status of a religious and charitable institution of the Bairagi sect.

(3.) The respondents have in their joint reply, admitted that the Thakar Dwara was a Dharmarth institution. The Dharmarth property of the Thakar Dwara has been duly incorporated in the Dharmarth property-register in the tehsil of Nabha. Action to remove the Mahant and to take over the possession of the properties was initiated after making an enquiry into a complaint made by the Panchayat and the residents of village Bhoray. Since serious allegations had been levelled against the Mahant about the mis-use of the Thakar Dwara, action was promptly initiated following the enquiry. It was alleged in the complaint that the Mahant did not spend any money out of the income on the repairs or maintenance of the properties which lay in a dilapidated condition. It is also stated in the respondents' reply that Muafi of the agricultural land had been granted by the State Government as was evident from the entries in the jamabandis for the years 1952-53 and 1956-57. Muafi of 29 rupees and 3 annas has been recorded in the jambandi. Since mis-management of the properties and non-maintenance of any account of income and expenditure became evident on enquiry, the Deputy Commissioner, Patiala, sent a report to the Commissioner, Patiala Division, on 19-9-1995. Thereafter, the Financial Commissioner Revenue, Government of Punjab, passed the impugned order dated 18-3-1996. Under the orders of the Deputy Commissioner, Patiala, dated 11-6-1996, Tehsildar, Nabha, proceeded to take possession of the properties on 31-7-1996.