RAM SARAN PATTAK Vs. RAGU NANDAN GIR

JUDGEMENT

(1.) This was a rule calling upon the District Magistrate of Gya to show cause why the proceedings against the petitioner under Section 145, Criminal Procedure Code, should not be quashed on the ground that they are without jurisdiction and in direct contravention of the ruling Gui Ram Ghoshal V/s. Lal Behary Das 12 C.L.J. 22 : 6 Ind. Cas. 182 : 14 C.W.N. 611 : 37 C. 578. It has been pointed out to us by the learned Vakil who appears to show cause and very properly pointed out that so far as the declaration of possession of the temple and the land on which it stands in favour of Raghunandan Gir goes, that declaration has been made with full jurisdiction, and is not in contravention of any ruling of this Court.

(2.) The only objection which arises in this case is, whether the declaration that Raghunandan Gir is in possession of the offerings is an order made with jurisdiction or not.

(3.) It is contended that the offerings made in a temple are of the same nature as the rents and profits arising out of land.