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HIGH COURT OF CHHATTISGARH AT BILASPUR
Parth Prateem Sahu
Shree Janki Raman Mandir, Shri Thakur Ji Mandir, Shriram Laxman Janki Mandir, Shri Hanuman Mandir – Appellant
Versus
State Of Chhattisgarh – Respondent
ORDER :
(Parth Prateem Sahu, J.)
1. The appeal is filed under Section 100 of the Code of Civil Procedure , 1908 questioning the legality and sustainability of the impugned judgment and decree dated 04.03.2022 passed by the learned 4th Additional District Judge, Bhatapara, District – Balodabazar-Bhatapara in Civil Appeal No. 27-A/2018 whereby, the learned Trial Court dismissed the appeal affirming the judgment and decree passed by the learned Trial Court dismissing the suit filed by the appellant/plaintiff.
2. This appeal was admitted on the following substantial questions of law (order dated 16.12.2022)
“Whether findings of both the Courts below holding that the temple is a public trust is perverse.”
3. Facts relevant for disposal of this appeal are that the appellant/plaintiff filed a suit for deleting the name of Manager/Collector from the lands mentioned in Para 2 of the plaint, declaration of title, permanent injunction inter alia on the pleading therein that Shri Ram Janaki Raman Temple, Shri Thakurji Temple, Shri Ram Laxman Janaki Temple, Shri Hanuman Temple was constructed by Smt. Sarjawati Bai W/o. Late Diwan Bahadurji Agrawal along with other relatives, at Lalbandha Talab, Arju
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 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.
A temple is classified as private if it lacks features of public worship and management rests with a specific community, as established through historical evidence and refusal of public rights.
The position of Sarvarakar is not inheritable and requires legal appointment, especially under established public trust regulations.
Private temples are not subject to public trust regulations, and the Collector cannot be appointed as their manager.
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