DEVTA CHIKHRESHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been filed by Devta Chikhreshwar through Shri Daulat Ram, Karta and President of the Temple of the aforesaid deity as a next friend for setting aside the order and judgment of the learned District Judge, dated 24th November, 1967, upholding the judgment and order of the learned Compensation Officer, Mahasu.

(2.) The petitioner's land vested under the provisions of S. 27 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter referred to as the Act) in the State Government on the passing of the Act. The; petitioner alleges that he is a small landowner and he had applied to the Compensation Officer for giving him rehabilitatioa grant as he had no other land for his maintenance. But this application was opposed on the ground that the applicants viz., Daulat Ram and Mohan Lal were not competent inasmuch as they had no locus standi to file this application on behalf of the Devta. Further that the Rehabilitation Grant Rules were not applicable to the Devta. The learned Compensation Officer dismissed the application on the ground that Daulat Ram and Mohan Lal had no authority to file this application on behalf of the Devta. According to him it was the District Temple Committee which was competent to make an application. This order was made on 30th Au- gust, 1967. Against this order an appeal was filed in the Court of the District judge, who dismissed the same on the ground that the appeal was barred by time. The limitation of appeal was 45 days and the appeal was filed 9 days after the expiry or the limitation.

(3.) The petitioner has, therefore, filed the present writ petition under Article 227 of the Constitution through Shri Daulat Ram Kardar as the next friend. It is stated that the petitioner deity is worshipped by a large number of people of the surrounding areas and they have got implicit faith in it. They also believe that in case the customary rituals and other rites are not performed in the temple, they may incur the wrath of the deity. After the investment of the land of the petitioner in the Government, there is no source of income left to the petitioner deity to carry on with the necessary rituals and other rites. There is no legally constituted district temple committee, but the Deputy Commissioner under some circular is termed as President of the District Temple Committee. As such a Deputy Commissioner is a Government functionary and in case he fails to discharge his duties as such, the petitioner cannot be made to suffer. The matter involved in this writ petition is that Shri Daulat Ram, who is filing this petition as the next friend of the petitioner deity is an old man aged about 80 years and he had been keeping bad health and remained seriously ill for the last about three years and, therefore, he could not bring this petition earlier. Hence in order to safeguard the interest of the deity who is a minor he had brought this petition for Setting aside the order of the District Judge and the delay was because of his protracted illness. As the limitation for filing the appeal had expired and the matter involved is of substantial and far-reaching effect, this petition under Article 227 of the Constitution of India was necessary in the interest of justice.