The temples were found to be Muzarai Institutions and not private properties, rejecting the petitioner's claim of Shebaitship.

( 1 ) PETITIONER is aggrieved of the action of the respondent-Governemnt in taking over the management and maintenance of Palace Muzrai Temples under G. O. R. D. 54-MLI-72 dated 28-9-1974 under S. 7 of the erstwhile Mysore Religious and Charitable Endowment Act, 1927 (in short called Act of 1927) by vesting the management in a Committee constituted in the impugned order has filed this writ petition seeking for issuance of a writ of certiorari to quash the impugned Government order Annexure 'a' dated 28-9-1974 and subsequent orders of renewals and further issuance of a writ of mandamus or appropriate direction to the respondents 4 and 5 to hand over the physical possession of all the Palace Muzrai Temples and also the management records, jewellary etc. , of these temples situate in and around Palace, and, also at Chamundi Hills, forthwith to the petitioner for the maintenance and management and further to declare that the petitioner is the shebait of these Palace Muzrai Temples having his hereditary right to maintain and administer them urging various facts and legal contentions.

( 2 ) CERTAIN relevant and necessary facts and legal contentions urged on behalf of the parties are stated as hereunder for the purpose of appreciating and considering the rival contentions by the learned counsel on behalf of the parties :-BY an order Nos. 92-96 MUZ-54-08. 1 dated 27-10-1908, the erstwhile Maharaja of Mysore, placed the 12 institutions (temples) named therein under the control of his Palace Department, after removing them from the "government Muzrai Department. " The same were under the administration and management of the Maharaja with one officer to run these institutions vide Annexure 'c' by an order No. 720-4-Muzrai 84. 08. 6 dated 20-1-1909, the erstwhile Maharaja placed 12 more institutions named therein under the Palace Department vide Annexure ' D' and by another order No. 3523-6 Muzrai 617. 19. 2 dated 14-4-1920 Annexure 'e'. 5 more institutions named therein were placed under the Palace Department (Tasdiq i. e. , maintenance to all of them to continue as before ). In total 20 Institutions (or Temples) came under the Palace Department were called as "palace Muzrai Temples. " Since then, the said Temples exclusively under the Administration and management of the erstwhile Maharaja. In the year 1950, Agreement vide Annexure 'f' between the erstwhile Maharaja of Mysore and the Governemnt of India and the connected Inventory of Private Properties, the temples referred to above were declared as private properties vested in the Maharaja of Mysore Annexure ' G' under G. O. No. 16303-16408 C. B. 69-50-4 dated 6-2-1951, the then Government of Mysore recognised the Palace Muzrai Institutions as the private properties of the Maharaja of Mysore. It is further stated that the recognising the vested private rights of the Maharaja in these temples, meant that the Temple properties were vested in the idols, and, that the erstwhile Maharaja was the "shebait" of the above said Temples. The Temples which were exclusively worshipped by the erstwhile Maharaja and his Royal family, where public were allowed for Darshan and Pooja with the permission of the Maharaja on special days as per Annexure 'h' and ' H1. ' It is further stated that the temples referred to above, were built by the Maharajas themselves. They had dedicated their movable and immovable properties under endowments etc. , at various points of time during the long span of over 500 years, from 1399. These dedications were mainly oral, but were absolute and the properties were inalienably conferred on the deity to sustain worship of the deities in perpetuity, it is stated that the dedications were of the completest character, the dedications by Maharaja were all made in completest terms, divesting themselves of their rights in favour of the deity, with the object of making private temple. The building of the temples, renovations, consecration of the idols, arrangement