STATE OF RAJASTHAN Vs. ASHOK GUPTA & ANR

JUDGEMENT

(1.) This is an application for recalling of order dated 10.07.2003 passed by the Division Bench of this High Court in D.B.Special Appeal (Writ) No.679/1998 by which a committee has been constituted for management, control, administration, maintenance etc. of the temple Shri Mataji Maharaj @ Bawan Mata situated at Village Sawar Distt. Ajmer.

(2.) Vide order dated 10.06.1996, Collector, Ajmer had directed Sub-Divisional Officer, Kekri to cancel No Objection Certificate given by him of three mining lease in respect to lands bearing Khasra Nos. 628, 654, 1511, 1516 and 1517 in Village Sawar. These lands belong to temple Mataji Maharaj which was being maintained and managed by the then constituted committee. All the three lease were granted in favour of the respondents and they were required to deposit the amount of security and rent with that committee. And the amount so deposited was required to be spent in the maintenance and management of the affairs of temple.

(3.) Aggrieved with the order dated 10.06.1996, the respondents filed S.B.Civil Writ Petition No.3173/1996 which was allowed vide order dated 1.10.1997 on the ground that income from mining lease helped in the maintenance and management of temple. The learned Single Judge also held that if the lands were simply used for cultivation, there would be virtually no income, in the result condition of temple will be adversely affected. The State Government challenged the order dated 1.10.1997 in D.B. Special Appeal (Writ) No.679/1998. During the course of hearing of appeal, it was brought to the notice of Division Bench that the condition of temple was very pathetic on account of its mismanagement by the committee. The Division Bench, therefore, vide order dated 10.07.2003 constituted a committee comprising of four persons named therein for the management, control, administration, maintenance etc. of the temple and finally disposed of the appeal with the following directions :-