SHANKER LAL HARSH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY claiming themselves as devotees of Shri Laleshwar Mahadev Temple, the petitioners practicing advocates at Bikaner have preferred this petition for writ said to be in public interest to get the notification dated 27.4.1981 notified by the Department of Devasthan quashed. The Department of Devasthan by the notification aforesaid published a list of the temples directly under its charge, management and control.

(2.) BRIEFLY stated, facts of the case are that the temple of Laleshwar Mahadev, Shivbari, Bikaner was established on Vaishakh Shukla Dashmi, Vikram Samvat 1937 by the former State of Bikaner. To have proper management, administrative and religious, former State of Bikaner appointed a 'Mahant'. The temple was also declared entitled to collect revenue from two villages for its maintenance. As per the petitioners, even after merger of the former State of Bikaner with the State of Rajasthan on 30.3.1949, the Government of Rajasthan extended aid to the temple in the form of compensation. It is also pointed out that lacks of people are having immense faith in the seat of 'Mahant', who as a matter of fact leads a 'Math', that is a legal person having status akin to idol of a temple. 'Mahant' is its caretaker with a right of perpetual succession and is spiritual head.

(3.) IT is asserted that under Article 26 of the Constitution of India every religious denomination or any section thereof is having a fundamental right to establish and maintain institutions for religious and charitable purposes; to manage its own affairs in matters of religion; to own and acquire movable and immovable property; and to administer such property in accordance with law, but the Commissioner, Devasthan vide the notification dated 27.4.1981 has taken over 'Math' in utter violation of this fundamental right.