ASHOKNATH CHELA KEVALNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition has been preferred by the petitioner Ashoknath Chela Kevalnath for quashing of the order dtd. 4/4/2022 passed by the Additional Session Judge No.7, Jodhpur Metro in Criminal Revision Petition No. 28/2022 whereby he affirmed the order dtd. 23/3/2022 passed by the Additional District Magistrate No.1, Jodhpur in Criminal Misc. Case No. 1/2021 who passed an order to attach the property in question and appointed the Inspector, Devesthan Department, Jodhpur as a receiver with a specific direction to take possession over the property in question.

(2.) Bereft of elaborate details succinctly stated the facts of the case are that the SHO Police Station, Udaimandir, Jodhpur Commissionerate submitted an application under Sec. 145 of the Cr.P.C. before the ADM City, Jodhpur averring that there was a dispute between party no.1 and party no.2 regarding the property of "Nath Community" referred as Navleshwar Monastery. The land of the Monastery was gifted by His Highness of Jodhpur to Shri Bananath Ji who constructed a small Monastery on the land and became the first "Gadipati". After Shri Bananath Ji his disciple Shri Navalnath became "Gadipati". Exruler of the Jodhpur issued a patta in the year 1927 for the property of Monastery. The chronology of the succession among disciple has been mentioned in the complaint. It is stated that after having discuss with the monk and saints, in the year 2009 while being the head of Monastery Shri Kevalnath Ji decided to elect Shri Premnath Ji as the next "Gadipati" from Ramdeora Sheva Trust. During his tenure in the year 2015, Shri Ashoknath Ji was proposed to be appointed as the next "Gadipati" for the Monastery. Shri Kevalnath also wrote a letter to Nath Samaj Panchayat Authority to appoint the next "Gadipati". Shri Premnath Ji died on 15/12/2019 as "Gadipati" of the Monastery therefore on 31/12/2019, Shri Ashoknath Ji was appointed as the next "Gadipati" of the Monastery. In the meantime, after the demise of Shri Premnath Ji, the head of the Ramdeora Sheva Trust, Shri Jagannath wrote a letter of authority in favour of Yogi Vilasnath disciple of Shivsatyanath to be appointed as the "Gadipati" of the Navleshwar Monastery but the Nath Samaj Panchayat had already appointed Shri Ashoknath as "Gadipati" thus, it led a rift between two communities as a result of which cross cases were registered. Both the parties claimed and to have right and alleged documents of the other party as fraudulent in nature. In the meantime, Shri Vilasnath Ji raised the matter that he will take the seat of "Gadipati" on 30/1/2021 and it was alleged that he tried to take the seat by using force against Shri Ashoknath Ji. Thus, it is averred in the complaint that the dispute between two disciples regarding their authority to be appointed as "Gadipati" of the Navleshwar Monastery which may lead to create ruckus in the society and may hamper peace and tranquility. By filing the complaint, the SHO apprehended that there is likelihood of breach of peace and happening of any untoward incident.

(3.) Upon receipt of the complaint, the Executive Magistrate ordered to register a case under Sec. 145 of the Cr.P.C. and directed to issue notices to party Nos.1 and 2 vide order dtd. 18/1/2021. During the course of the inquiry, party No.1 Sh. Ashoknath etc. submitted a detailed reply claiming over the questioned property. However, the party No.2 Shri Yogi Vilasnath etc. who is respondent in this petition has not chosen to file any reply but instead thereof oral submissions were made on his behalf.