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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Rajendra Das, Mahant of Sri Sitaram Thakurbari – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. D.J. Das, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned State Counsel for the respondent Nos.1 to 4 and Mr. J.C. Gaur, learned counsel for the respondent Nos. 5 and 7 to 15.
2. As both these Writ Petitions are analogous, same were heard together and disposed of by this common judgment and order.
3. The challenge made in Writ Petition (C) No.5616/2018 is the impugned order bearing No.WA/2018/28/CA-A, dated 24.07.2018, passed by the Deputy Commissioner & District Magistrate, Kamrup (M) District, whereby one Sri Nabadeep Pathak, ACS, Addl. Deputy Commissioner & Addl. District Magistrate, Kamrup (M) District, Guwahati has been directed to take over the overall control of Sri Sitaram Thakurbari situated at SRCB Road, Fancy Bazar, Guwahati and to streamline the dispute.
4. In the Writ Petition (C) No.5757/2018, the petitioner challenges the order 16.08.2018, passed by the Addl. Deputy Commissioner & Addl. District Magistrate, Kamrup (M) District, Guwahati whereby in pursuant to the impugned order dated 24.07.2018 by the Deputy Commission
State authorities cannot interfere in the management of religious institutions without legal authority, as guaranteed under Articles 25 and 26 of the Constitution.
The State's interference in the management of religious denominations must only address law and order, maintaining the autonomy of religious practices and their management according to historical and....
State authorities cannot exercise jurisdiction over a temple located in another territory, highlighting the importance of territorial jurisdiction in religious endowments.
The Commissioner lacked authority to appoint an Executive Officer for temple administration, violating established law and trustee rights under the HR & CE Act.
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 court upheld the recognized rights of a religious community to perform rituals in a temple and deemed the ongoing civil proceedings as sufficient to adjudicate any disputes regarding those rights....
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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