DEEWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since common questions of law and facts are involved in both these petitions, they are being decided by this common order.

(2.) These petitions are filed claiming the reliefs amongst others which are relevant as submitted by the counsel appearing for the respective parties are : (1) for enforcement of the provisions of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as 'the Act') specially Sections 17 / 18, 52 and 53 and for the compliance of the directions in the judgment of the Hon'ble Supreme Court, dated 14-1273; (ii) to issue a Mandamus directing the State Govt. to issue a list of Public Trusts to which Chapter X applies as required under S. 52(2) of the Act and specially to include the temple of Shri Rikhabdevji, which is directly managed by the State and to appoint a Committee of Management in terms of S. 53 of the Act; (iii) to quash the judgment of the Devasthan Commissioner, dated 25-3-80 and direct registration of the trust under the Act. Certain persons have been permitted as intervenors by the Court who claim the right of management of the temple on the ground that the temple does not belong only to two sects of Jain Swetamber or Digamber but the Hindu public and they are the persons interested in the public trust. At the very outset, it is made clear that neither of the parties pressed for nor I feel it necessary to determine at this stage the question whether the temple is a Swetamber temple or a Digamber temple which would be a question of fact and will require appreciation of evidence.

(3.) In village Dhulev nearly 40 miles from Udaipur in Rajasthan, there exists a very ancient Jain temple of Shri Rikhabdevji also known as temple of Shri Keshariya Nathji. The main idol is that of Shri Rikhabdevji, the first Tirthanker of Jains and other idols in the said Devries are those of other Tirthankers and of the foot prints of some deities. The temple of Shri Rikhabdevji has religious and charitable activities for which pilgrims visiting the temple donate large funds. On 23-51947 a constitution of Mewar was promulgated in the erstwhile State of Mewar. Thereafter the State of Mewar merged with other States and formed the United State of Rajasthan. The management of the temple was placed into the hands of the Devasthan Department of the State of Rajasthan and the Devasthan Department has since been maintaining and administering the temple as a Trustee de son tort.