GOSWAMI SHRI BALLABHLALJI MAHARAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution.

(2.) THE petitioner Goswami Shri Ballabh Lalji Maharaj has made this petition on the allegation that there is a temple of the Deity of Shri Chhota Mathureshji at Kotah City, which had been founded and established by his ancestor Swami Shri Ballabhacharya, and has descended to him by succession. It was alleged that the Commissioner of Kotah Division directed the Assistant Officer, Court of Wards, on or about the 23rd June, 1953 to take possession of the temple with all its movable and immovable properties, and passed an order stopping payment of the revenue of certain lands enjoyed by the temple to the petitioner or his agents. It was contended that the temple was not an estate, and was neither a State grant, and could not have been taken under the Court of Wards, more so as none of the conditions necessary for placing an estate under Court of Wards existed in this case. THE State of Rajasthan, the Commissioner, Kotah Division the Collector. Kotah District, the Assistant Officer, Court of Wards, Kotah,and the Chairman, Board of Revenue, Rajasthan, were made respondents.