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2006 Supreme(Raj) 1687

S.N.JHA, MOHAMMAD RAFIQ
Laxmi Chand Nath – Appellant
Versus
The Commissioner of Rajasthan – Respondent


Advocates Appeared:
Shri Virendra Bandhu and Shri Rajiv Bandhu, for the Appellants.

Judgment

S.N. Jha, CJ.-This special appeal is directed against the order of the learned Single Judge dated 011.2005 in S.B. Civil Writ Petition No. 1229/1989 dismissing the writ petition of the appellants. The appellants had filed the writ petition for quashing the order of the Commissioner Devasthan dated 19.09.1983 and the notification dated 01.08.1988 published in the gazette dated 08.09.1988 contained respectively in Annexures-4 and 5 to the writ petition. The appellants also sought a writ of prohibition restraining the respondents from interfering with their right to receive the bhents and offerings and manage the temple.

2. The dispute relates to a temple known as Shri Vijyasan Mataji at Indergarh within Bundi district. Case of the appellants is that the temple was founded by their ancestors, Shri Kamal Nathji Maharaj in or about Vikram Svt. 103 and his descendants have been performing Sewa Pooja and managing the temple. They receive offerings and `Bhent made by the devotees. In short, the temple is a private temple of the appellants. On 13.08.1980 on representation of the then Sarpanch, Mohanpura Gram Panchayat, a proceeding was initiated for registration of the temple as a


















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