LABH CHANDRA REISURANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Since identical questions were involved for determination in these three writ applications, they have been heard together and are being disposed of by this judgment

(2.) C. W. J. C. Nos. 436 and 483 of 1967 relate to a group of Swetamber Jain temples situated at Pawapuri in the State of Bihar which are known as Shree Jain Swetamber Bhandar Pawapuri Tirth. Some of the petitioners in CW.J.C. No.436 of 1967 claim to be members of Shree Jain Swetamber Bhandar Pawapuri Tirth Vyavasthapak Samiti which is petitioner No. 1. C. W. J. C. 483 of 1967 in which petitioner No. 2 is the Secretary of that Samiti, and the other petitioners in C. W. J. C. 436 of 1967 are persons residing in the various parts of India and professing Swetamber Jain faith. Similarly, some of the petitioners in C. W. J. C. 437 of 1967 are members of a committee known as Shri Jain Swetamber Bhandar Tirth, Rajgir Vyavasthapak Samiti and some claim to profess Swetamber Jain faith.

(3.) The facts of the two writ applications which relate to the Pawapuri group of temples are identical. For the sake of convenience, I shall refer to the relevant facts from a large number of affidavits filed in C.W.J.C. No. 436 of 1967. There is a public religious trust established at Pawapuri in the State of Bihar in respect of a group of Swetamber Jain temples which were established several centuries back. According to the petitioners' case, the management of the trust aforesaid has, according to the long standing practice and usage of the trust, vested in a committee known as Shree Jain Swetamber Bhandar Pawapuri Tirth Vyavasthapak Samiti. The Swetamber Jains constitute a separate religious denomination the general body of which is known as Shree Sangh. The Sangh elects members of the Samiti at its annual congregation generally held on Diwali day at Pawapuri from time immemorial. Properties of the Trust and the right to administer the same vest in the Shree Sangh and the Samiti elected by it. The petitioners' case further is that according to the said settled practice and usage, the last election of the members of the Samiti took place on the 16th of November, 1963 at the annual meeting of the Shree Sangh at Pawapuri and members of the Samiti were elected therein. A copy of the resolution passed in the said meeting of the Sangh is annexed to the writ application and marked annexure 'A'.