MADAN MOHAN MAHARAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts of this writ petition are that upon the merger of the erstwhile Jadon state of Karauli, private properties settlement took place between the ex-Ruler on the one hand and the Government of India and the State of Rajasthan on the other. The Kailadevi temple was included in the Inventory of private properties at item No. 20 with the decision of the Home Ministry that "the temple will be managed as a trust, His Highness will be the sole trustee. " The government of India impressed upon the Ruler to execute a trust deed and after prolonged deliberations the Ruler of Karauli executed a trust deed on 21st december 1961 and had it registered. Along with the trust-deed he attached two lists of properties, one of the ornaments and other movable properties, and the other comprised the immovable properties of Kailadevi Trust. Along with the trust deed the Ruler attached a ferro-typed map of the immovable properties showing the boundaries of the trust premises. This trust deed along with the aforesaid lists of the properties and the ferro-typed map were sent to the government of Rajasthan in the General Administration Department. A copy of these documents was also forwarded by the General Administration Department to the Revenue Department. It appears that no objection was taken to the ferro-typed map and the immovable properties included in the trust-deed in the aforesaid manner. The list shows 29 shops (at item No. 26) 26 shops (at item no. 32) and 531 Chabutaras (at item No. 33) which are the subject matter of this petition.

(2.) A controversy at first had arisen regarding the realisation of the rent of the shops from the shopkeepers who had been paying rent to the trust at the time of the fair. The Panchayat of Loharra claimed that the shops were the properties of the Panchayat and they were entitled to realise the rent. The Government of rajasthan wrote to the Collector, Sawai Madhopur and the Panchayat department to the effect that the Panchayat cannot recover any rent from the shops which belong to the said templa which is a trust property and the panchayat shall cot interfere in the management of the said temple in future, the letter of the Government is dated 29th September, 1961 (Annexure 'g' ). However, the Sub-divisional Officer Karauli wrote a letter (Annexure) 1) to the tehsildar that the Additional Collector, Sawai Madhopur had rang him up or, 26th March, 1975, to say that the shops were being leased out by the Kailadevi trust in an unauthorised manner for the last so many years as these shops stood on Government land. The Sub-divisional Officer, Karauli, directed the tehsildar to prepare a map of the Mela grounds and auction the shops. The tehsildar forwarded a copy of the S. D. O. 's letter to the Trust informing that the shops shall be auctioned in future by the Tehsil and first such auction shall be held on 1st, 2nd and 3rd of April, 1975. He also asked them to furnish all the previous record in this connection. Aggrieved by this development, the petitioner, namely, Maharaj Ganeshpal, ex-Ruler of Karauli and his sons have filed the present writ petition praying that the letter of the Sub-divisional Officer be quashed and the respondents be restrained from auctioning the said shops and Chabutaras.

(3.) THE contention of the State Government is that Kailadevi temple was constructed in the 12th Century A. D. by one Shriya Jaga resident of village livali, Tehsil Bamanbas, District Sawai Madhopur. The temple was constructed by Gusains, whose descendants are still the worshippers of the temple. The state of Karauli raised a dispute in the matter of income derived from the temple. The dispute was settled by the Political Department of the Government of India long back as is evident from the Administration Report of the Karauli state for the Samvat year 1966. According to this settlement the State of karauli got the right to the income derived during the fair. The income derived from the offerings during the fair was kept apart. The income during the rest of the year went to the priests. The State maintained an account of the expenditure incurred by it for the development of the shrine and the facilities for the pilgrims during the fair. The State had the control over the income and expenditure of the temple. After the merger of the State, the State of Rajasthan maintains the roads, medical and other amenities including law and order provided by the former State of Karauli. The idol of Kailadevi was brought in samvat 1191 by one Bengali Baba Kedar Giri who took Samadhi. Kailadevi had never been the family deity of the petitioner, but was the goddess of the public at large. Rajendra Giri one of the priests filed a civil suit in the court of the additional District Judge Gangapur City in 1974 against Maharaj Kumar brijendra Pal and others in which suit the right of receiving the offerings and the right of worship is in dispute. One Kailash Giri submitted an application for the registration of the Trust as a public trust under the Rajasthan Public Trusts act, 1959. The Assistant Devasthan Commissioner has directed that it should be so registered. The Revenue Settlement in the former State of Karauli was conducted in Samvat year 1966 in which the lands on which the disputed shops and Chabutaras stand are shown 35 'abadi Gair Mumkin' vide Ex. R. 12. In samvat year 2015 when the current settlement was held, the land in dispute was allotted Khasra Nos. 2844, 2846, 2850, 2856, 2859 to 2865, 2868 and 2583 and was recorded as Gair Mumkin Abadi etc. Khalsa Siwai chak Bila lagani showing thereby that it belonged to the State of Rajasthan. It was alleged that the petitioner is neither the owner nor has he any right in any property belonging to the Kailadevi temple. The shop sites and Chabutaras are the properties of the State and they are in possession of the State. The income realised from these shops was credited in the State account and not in the personal account of the Maharaja, It was, therefore, prayed by the State government that the petition should be dismissed.