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RAKESH MOHAN PANDEY
Ramchandra Ji Mandir Sarwarakar Chudamanidas Akhilesh Das – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
(Rakesh Mohan Pandey, J.)
This appeal was admitted for consideration on the following substantial question of law dated 11.07.2023:-
2. Plaintiffs/appellants had filed a suit for declaration of title and injunction inter alia on the ground that a temple namely, 'Shri. Ramchandra Ji Temple' is situated at village Kurud, Tahsil - Kurud, District - Dhamtari (C.G), which was constructed by the ancestors of plaintiff No. 2/appellant No. 2, namely, Mahant Udhodas in the year 1753. The agricultural land bearing survey Nos. 200, 201, 312, 315, 323/15, 499, 819, measuring a total of 18.14 acres, was also part of the temple. It is further pleaded that plaintiff No. 1 was Sarvarakar of the temple and his name was recorded in the revenue records. After the death of Udhodas, his son Harbhajan Das, and after the death of Harbhajan Das, Gopaldas, after the death of Gopal Das, Damodar Das then Narayan Das then Narsingh Das and after the death of Narsingh Das the ap
Private temples are not subject to public trust regulations, and the Collector cannot be appointed as their manager.
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.
The main legal point established in the judgment is that the plaintiff failed to prove his title over the suit property and the suit was not maintainable as per the provisions of the Chhattisgarh Pub....
The position of Sarvarakar is not inheritable and requires legal appointment, especially under established public trust regulations.
(1) Right to alienate properties of temple – Pujari cannot be treated as a Bhumiswami. Pujari does not have any right in land and his status is only that of a manager. Rights of Pujari do not stand o....
The determination of a temple's status as public or private hinges on the right of public access and the evidence of dedication to public worship, not merely on the presence of public worship.
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