P.JAGANMOHAN REDDY, P.K.GOSWAMI, S.N.DWIVEDI
State Of Rajasthan – Appellant
Versus
Sajjanlal Panjawat – Respondent
Judgment
JAGANMOHAN REDDY, J.:- These five appeals are by certificate under Art. 133 (1) (a) & (c) of the Constitution and have been heard together as common questions of law were raised in all these appeals.
2. Civil Appeal No. 1083 of 1967 is an appeal by the State of Rajasthan against the respondents, while Civil Appeal No. 1092 of 1967 is the appeal by the respondents against the State of Rajasthan. These two appeals, which we may also refer as the first set of appeals, arise out of a writ petition filed by the respondents against the State of Rajasthan alleging that the temple of Shri Rikhebdevji, also known as Keshariyanathji temple, situated about 40 miles from Udaipur, is a Swetamber Jain temple which is under the ownership and management of Jain Shasan and has been recognized as such in official documents as well as in the firmans issued by the erstwhile State of Mewar. Notwithstanding, the position it was averred that the management of the said temple has been illegally usurped by the State of Rajasthan through the Devasthan Department for some years, and that the State of Rajasthan had applied certain provisions of the Rajasthan Public Trusts Act, 1959 - hereinafter called
relied on : Director of Endowments, Govt. of Hyderabad v. Akram All, AIR 1956 SC 60
Ratilal Panachand Gandhi v. State of Bombay
Sri Venkataramana Devaru v. State of Mysore
Sarwarlal v. State of Hyderabad
Durgah Committee, Ajmer v. Syed Hussain All
Secretary, Govt.of Madras v. Zenith Lamp and Electrical Ltd.
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