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1963 Supreme(SC) 26

P. B. GAJENDRAGADKAR, K. N. WANCHOO, K. C. DAS GUPTA, J. C. SHAH, B. P. SINHA
Hindu Religious Endowments, Madras – Appellant
Versus
Lakshmindra Tirtha Swamiar – Respondent


Judgment

GAJENDRAGADKAR, J. : This group of seven cross-appeals arises from three writ petitions filed in the High Court of Judicature for Rajasthan, in which the validity of the Nathdwara Temple Act 1959, (No. XIII of 1959) thereinafter called the Act) has been challenged. The principal writ petition was Writ Petition No. 90 of 1959; it was filed by the present Tilkayat Govindlalji (hereinafter called the Tilkayat) on February 28, 1959. That petition challenged the validity of the Nathdwara Ordinance 1959 (No. II of 1959) which had been issued on February 6, 1959. Subsequently this Ordinance was repealed by the Act which, after receiving the assent of the President, came into force on March 28, 1959. Thereafter, the Tilkayat was allowed to amend his petition and after its amendment, the petition challenged the vires of the Act the provisions of which are identical with the provisions of its predecessor Ordinance. Along with this petition, Writ Petition No. 310 of 1959 was filed on August 17, 1959 by ten petitioners who purported to act on behalf of the followers of the Pushtimaragiya Vaishnava Sampraday. This Petition attacked the validity of the Act on behalf of the Denomination o









































































































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