SUPREME COURT OF INDIA
Bela M. Trivedi, Satish Chandra Sharma, JJ.
Ishwar Chanda Sharma - Appellant
Vs.
Devendra Kumar Sharma & Ors. - Respondent
Civil Appeal No. 6855 of 2025 [Arising out of SLP (C) No. 29702 of 2024]
Decided On : 15-05-2025
| Table of Content |
|---|
| 1. what precedes the main appeal. (Para 1 , 3) |
| 2. details of the administrative disputes regarding the temple. (Para 2 , 4) |
| 3. arguments surrounding the appropriateness of receiver appointments. (Para 5 , 6 , 9) |
| 4. details on temple management. (Para 10) |
| 5. highlights the significance of receivership. (Para 15) |
| 6. court observations on the length of litigation and the role of receivers. (Para 16 , 18 , 20) |
| 7. final directions and implications on management. (Para 19 , 25) |
| 8. criteria for appointment of receivers under order xl of cpc. (Para 22 , 24) |
| 9. conclusion regarding responsibility for resolving temple administration issues. (Para 33) |
JUDGMENT :
Satish Chandra Sharma, J.
1. Leave granted.
2. The appeal before us has been preferred by the Appellant against the final judgement and order dated 27.08.2024 in Contempt Application (C) No. 4429 of 2023 (hereinafter "Impugned Order”) passed by the High Court of Judicature at Allahabad (hereinafter “High Court”), whereby the High Court allowed the petition preferred by Respondent No. 1 and Respondent No. 2, and set aside order dated 28.03.2023 passed by the Civil Judge (Senior Division), Mathura/Respondent No. 3 (hereinafter “Trial Court”), and remanded the matter back for fresh consideration.
3. During the course of the hearing, this Court has allowed I.A. No. 15019/2025, being an application for intervention filed by the State of Uttar Pradesh/Respondent No. 4; and I.A. No. 16856/2025, being an application for intervention filed by Shri Dilip Kumar Sharma/Respondent No. 5.
4. Factual Background
4.1 The Sri Giriraj Sewak Samiti, Bara Bazar, Govardhan, Mathura, is a registered society under the Societies Registration Act, and was constituted to manage the affairs of Sri Giriraj Temple, Govardhan, Mathura on 18.11.1957.
4.2 The committee elections held in the year 1999 put a hiatus to the peaceful functioning of the administration of the temple, as it resulted in a dispute regarding the validity of two alleged elections held on 24.04.1999 and 30.04.1999. Consequently, Shri Govind Prasad Purohit (hereinafter “Plaintiff”) filed Original Suit No. 332 of 1999 (hereinafter “Civil Suit”) seeking a permanent injunction against the Defendant/Respondent No. 5/Dilip Kumar Sharma from causing any hinderance in all types of management and operations of the Giriraj Temple. Both the Plaintiff and the Defendant/Respondent No. 5 also filed two separate election petitions pursuant to the same, which came to be referred to the Prescribed Authority under Section 25 of the Societies Registration Act.
4.3 Vide order dated 11.02.2000, the Prescribed Authority held the election dated 24.04.1999 to be valid by which Respondent No. 5 was declared to be the Manager.
4.4 Aggrieved, the Plaintiff preferred a Writ Petition before the High Court, being WP (C) No. 9601 of 2000, which came to be dismissed vide order dated 10.02.2006 on the ground of being infructuous.
4.5 Consequently, the Plaintiff passed away in 2006, and his son Jitendra Prasad Purohit (hereinafter “Plaintiff”) moved an application seeking to be impleaded in the Civil Suit, and setting up his claim to be appointed as Manager of Committee of Management.
4.6 Vide order dated 30.07.2021, the Trial Court in the Civil Suit appointed Shri Nand Kishore Upadhyay, Advocate as Receiver of the temple, who was also the advocate representing the Plaintiff in the Civil Suit.
4.7 Respondent No. 5 preferred a Writ Petition, being No. 4468 of 2021, against the order dated 30.07.2021 and the appointment of an advocate as the receiver. Vide order dated 23.11.2021, the High Court set aside the order dated 30.07.2021 with the consent of the parties, and remanded the matter back to the Trial Court for fresh consideration.
4.8 Pursuant to the aforesaid order, the Trial Court decided the application for appointment of Receiver and appointed a Seven Member Committee (hereinafter “the Committee”), which included 3 lawyers. While deciding the constitution of the Committee,
Sudhir Vasudeva, Chairman & Managing Director
Mrinalini Padhi v. Union of India (2018) 7 SCC 785 [Para 11.2]
Sri Adi Visheshwara of Kashi Vishwanath Temple
Reliance placed on Rajeev Suri v. Delhi Development Authority & Ors. (2022) 11 SCC 1 [Para 11.9]
DR Subramanian Swamy vs. State of Tamil Nadu & Ors. (2014) 5 SCC 75 [Para 12.4]
Rajeev Suri v. Delhi Development Authority & Ors. (2022) 11 SCC 1 [Para 11.9]
AI
The court underscored the principle that appointments of receivers in temple management should prioritize individuals with religious and administrative expertise over legal professionals to ensure ef....
The High Court refrained from granting any declaration as to who is the actual person who has a right to exercise the shebait rights or any other right relatable to the temple. The Court left open th....
State authorities cannot unilaterally usurp the managerial role of an established religious institution's trustees to implement infrastructure projects. Temple funds, particularly surpluses, must fol....
The character of a temple as public or private is determined by its use for public worship and community management, not solely by registration status.
Hereditary rights to poosariship are abolished under amended provisions, emphasizing community welfare and accountability, with no claim valid beyond established legal frameworks.
The court established that the Commissioner of Endowments lacked jurisdiction to revoke exemptions and appoint trustees without following due process as mandated by the Endowments Act.
The Supreme Court established guidelines for the proper management and regulation of religious properties, emphasizing public interest and accountability of involved parties.
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
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