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Court Upholds Public Trust Status of Thikana Galta Ji , Rejects Hereditary Claims

Background

The recent judgment by the Rajasthan High Court addresses a long-standing dispute regarding the management and ownership of properties associated with Thikana Galta Ji , a significant religious site in Jaipur. The case arose from petitions challenging the orders issued by the Assistant Commissioner and the Commissioner of the Devasthan Department, which had implications for the appointment of the Mahant and the ownership of the temple's properties.

Arguments

Petitioners' Arguments

The petitioners, including the Jaipur Shahar Hindu Vikas Samiti, argued that the appointment of the Mahant should be hereditary, based on historical practices. They contended that the properties in question were personal properties of the Mahant and should not be classified as public trust assets.

Respondents' Arguments

In contrast, the respondents, including the State of Rajasthan, maintained that the appointment of the Mahant must follow a systematic selection process based on merit, as established by historical resolutions and legal provisions. They asserted that the properties belonged to the idol of Thikana Galta Ji , which is considered a perpetual minor, and thus the State acts as its guardian.

Court's Analysis and Reasoning

The court meticulously analyzed the historical context of the Galta Ji Trust, referencing various legal provisions, including the Rajasthan Public Trusts Act of 1959. It concluded that the appointment of the Mahant has never been hereditary but rather governed by the will of the State, which has the authority to appoint based on merit. The court also emphasized that the properties in question are trust properties belonging to the idol, not personal assets of the Mahant.

Decision

The court upheld the orders from the Devasthan Department, affirming that: 1. The appointment of the Mahant is not hereditary but must be based on a selection process. 2. The disputed properties are owned by the idol of Thikana Galta Ji , with the State serving as its guardian. 3. The amendments made to the bylaws in 1999 were declared void due to non-compliance with legal procedures.

The ruling reinforces the integrity of public trust management and ensures that the properties are used for their intended religious purposes, safeguarding the sentiments of the devotees.