Says ‘So-Called Mahanats, Babas Encroached Upon Them In Connivance With Locals
Srinagar, Aug 13: The High Court of J&K and Ladakh on Tuesday directed Deputy Commissioner Srinagar to take over management and properties of Shree Bajrang Dev Dharam Dass Ji Mandir, Sathu Barbar Shah and several other temples amid observing that the loot of temple properties became rampant with the onslaught of militancy after 1990 and that the “so-called” Mahants and Babas in connivance with locals encroached upon them,.
Disposing of a petition, a bench of Justice Sanjeev Kumar and Justice M. A. Chowdhary also directed the Deputy Commissioner to make arrangements for performance of daily puja and other religious rituals through a committee of officers of revenue and other departments, to be constituted by him.
In the absence of any specific record, the court said, it has to be presumed that the Maharaja of the time built temples and dedicated landed properties to it so that the income earned out of such properties is used for the management and betterment of the temples and charitable purposes. Referring to Ailan No.13 dated 3 Asooj Bikrami, the court said it throws some light on how the Mohatmim/Managers of such properties were appointed by the Maharajas.
As per the government, the appointment of Mahant in the Hindu temples in Jammu & Kashmir is governed by the procedure enumerated in Ailan No.13 dated 3 Asooj 1964 Bikrami notified during Maharaja times.
“Ordinarily, the temple properties are required to be managed as per the stipulation, if any, contained in the trust deed or dedication made for creating such temple or endowment. The office of Mohtmim/Manager is not a hereditary office and, therefore, the successor of a Mohatmim/Manager of a temple and its properties cannot, as a matter of right, succeed to be the next manager of the properties of the temple,” the court noted.
In the instant case, the court said, the last recorded Mohatmim of the temple property was Kankar Dass Chella Pandit Shatrugan Dass Pujari. Thereafter, the court said, neither any succession is recorded in the revenue record nor is there any person legitimately recorded to succeed Kankar Dass.
“There has been dispute between various sects of Sadhu Samaj, each claiming to succeed to Baba Kankar Dass with right to manage the properties of the temple,” the court noted.
It is in the absence of a proper written document governing management of the temple property, the vested interests have staked their claims over the temple properties, the court observed.
“It has been brought to the notice of this Court that many such properties of temples, which came in the hands of different vested interests, were either sold/leased out or encumbered to the serious prejudice of the temples and their management,” the court said, adding, “The loot of temples properties became rampant after 1990 when the Kashmir valley came under the onslaught of militancy.”
The minority community which was frequenting these temples and had interest in their management was made to flee from the valley to save their lives, the court said. Consequently, it said, these temples came to be abandoned.
“Taking benefit of this chaotic situation, so called Mahants and Babas in connivance with locals encroached upon the properties of the temples. The Government of the day, which was battling with sudden splurge in militancy, remained oblivious to the situation of the temples and its properties,” the court said, adding, “Since most of the temples and their properties were situated in urban areas, as such, due to their high value, the vested interests started litigating with each other, some staking their claims on the basis of recorded entries in the revenue record and others on the basis of trust deeds executed by them inter se without any authority of law.”
Referring to the case in hand, the court said that the instant property, too, has become victim of the situation and “to some extent apathy of the Government.”
“We have carefully gone through the entire record placed before us and are prima facie convinced that none of the parties have in their possession any legal document to substantiate their claim either to manage the temple and its properties or to offer puja and prayers in the temple,” the court said.
In the aforesaid backdrop and with a view to ensure that no further damage is caused to the temple properties, the court ordered that the management of the temple and its properties in their entirety shall be taken over by the Deputy Commissioner, Srinagar, who shall manage the temple and its properties including making of arrangements for performance of daily puja and other religious rituals through a committee of officers of revenue and other departments, to be constituted by him. The court also directed the local police to provide all assistance to the district administration and the committee so appointed to carry out its functions.
“The committee shall open up an account in the name of the Deity/temple and deposit all the usufructs and the profits arising out of the properties of the temple,” the court said, adding, “The committee shall, however, be entitled to utilize the amount so realized for better management and welfare of the temple.”
The Deputy Commissioner, the court said, shall also initiate appropriate steps to ensure that all encroachments over the temple properties are removed by following due process of law.
“That the party/parties claiming right to perform puja and receive offerings or to claim management of the properties shall be free to agitate their rights before the civil court,” the division bench said, adding, “No such suit shall be entertained or continued by any civil Court unless the Deputy Commissioner/District Magistrate is arrayed as party defendant.”
The court also directed that in all pending civil suits regarding temple or its properties, the civil court shall array the Deputy Commissioner/District Magistrate as party respondent so as to avoid collusion between the parties. “This position shall continue till the rights of the parties are conclusively determined by a civil court or the Government of Union Territory of J&K comes up with an appropriate legislation for all the charitable and religious institutions and endowments, as suggested by this Court in its judgment dated 25th February, 2022 passed in PIL No.24/2018 titled Ajay Kumar Sharma v. State of J&K and others, whichever is earlier.”
Meanwhile, the court passed a similar order with regard to several other temples in vicinity including Shri Baba Dharam Dass Ram Jevan Dass Trust Sattu Barbar Shah Srinagar; and Shri Baba Dharam Das Ram Jeevan Dass Trust Satu Var Var Shah Bishembar Nagar.
Further, while disposing of another petition, the court directed Deputy Commissioner Baramulla to take over property in the name of a Dharamshalla at Kreeri Baramulla.
“The District Magistrate shall be free to appoint a Committee of officers of revenue and other departments for the said purpose.”
