Temple Properties Vest In The Deity: J&K High Court Directs Anantnag Deputy Commissioner To Take Over Management Of Two Temples

The directions to this effect were passed by a bench comprising Justices Sanjeev Kumar and M.A. Chowdhary, while addressing conflicting claims of management of these temples.

"The properties vest in the Deity and, therefore, are required to be managed in an effective and peaceful manner. Keeping in view of the rival claims made by the two sides, it would be appropriate that both the aforesaid Temples and the properties attached thereto are put under the management of the Deputy Commissioner (District Magistrate), Anantnag”, the bench remarked while addressing the conflicting claims.

The dispute revolved around the management of Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple, with both the petitioner and the newly impleaded respondent staking claims. The petitioner asserted that he had been appointed as Manager by Mahant Madhav Das Ji and had been managing the affairs of both temples since June 21, 2010.

He alleged that the newly impleaded respondent was a stranger to the temples' properties and had no legitimate interest or stake in their management. He further argued that the newly impleaded respondent was merely a busybody with no legitimate claim or involvement in the temple affairs.

On the other hand, the newly impleaded respondent contested this, claiming an interest in the management of the temples, thus leading to a legal confrontation.

Court's Observations:

After considering the arguments presented by the counsel for both parties and examining the material on record, the Court noted that neither the petitioner nor the newly impleaded respondent had a vested right in the temples or their properties. Instead, these properties vest in the Deity and therefore require effective and peaceful management.

To resolve the management dispute and ensure the protection and preservation of the temples and their properties, the Court directed the District Magistrate, Anantnag to immediately take over the management of both Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple, along with their properties, if not already done.

The bench also ordered the DM to ensure that the properties belonging to these temples are restored following due process of law.

“The District Magistrate may constitute a committee of responsible officers to manage the affairs of both the Temples and properties attached thereto in an effective manner”, the bench added.

On the issue of the conflicting claims of the petitioner and the newly impleaded respondent the court granted them liberty to agitate their rights of management before the Civil Court. However, the District Magistrate, Anantnag, shall be a necessary party in any such suit and must be heard before any order is passed, the bench underscored.

“The final Decree, if any passed by the Civil Court, will govern the rights of the parties vis-à-vis the properties in question”, the bench concluded.

Case Title: MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER (REVENUE DEPARTMENT)

Citation: 2024 LiveLaw (JKL)

Mr Z. A. Qurashi, Senior Advocate appeared for the Petitioner. Mr Mohsin-ul-Showkat Qadri, Sr. AAG with Ms Maha Majeed, Assisting Counsel represented UT of J&K

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