1999 Supreme(Bom) 709
R.K.BATTA, R.M.S.KHANDEPARKAR, A.V.SAVANT
Vinayak Kamat Tarcar – Appellant
Versus
State of Goa through the Chief Secretary and others – Respondent
JUDGMENT - R.K. BATTA, J.:---The petitioner claims to be a 'Dazan' (Associate) of Shree Bhagwati Chimulkarrin Devasthan of Marcela, Goa (hereinafter referred to as the said Devasthan). According to the petitioner, the said Devasthan has bye-laws, duly approved by Portaria (Order) No. 108, which were published in the Government Gazette No. 83 dated 27-10-1910. The said bye-laws contemplate two managing committees, namely one managing committee of 'Mahajans' and the other managing committee of 'Dazans'. The functions of the said committees are distinct and defined in the bye-laws, as can be seen from various articles, especially Articles 3, 4, 10, 23, 29, 33 and 34. The petitioner further contends that the treasury of 'Dazans' is distinct and independent from the treasury of the 'Mahajans'. Respondents No. 5 to 12 claimed that they should be appointed as 'Mahajans' of the said Devasthan, but the same was denied to them, as a result of which, the said respondents moved the Government and obtained directions to the elected committee of 'Dazans' to appoint them as 'Mahajans' of the said Devasthan. The Managing Committee of the said Devasthan did not comply with the directions of the Gov
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