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2006 Supreme(Raj) 2006

S.N.JHA, MOHAMMAD RAFIQ
State of Rajasthan – Appellant
Versus
Aayas Shri Mangal Nath – Respondent


Advocates Appeared:
Mr. K.L. Thakur, Additional Advocate General for the Appellant-State
Mr. D.D. Thanvi, for the Respondent.

Judgment

Mohammad Rafiq, J.-The State of Rajasthan has come up in appeal against the Judgment of the

learned Single Judge dated 012.1992 whereby the writ petition filed by the respondent against the notice dated 15.05.1981 and the order dated 04.07.1981 both of which were issued/passed by the Assistant Devsthan Commissioner, Udaipur were quashed.

2. Respondent Aayas Shri Mangal Nath filed a writ petition before this Court claiming himself to be Mahant of the Asan known as Chomukhanath Mahadev. He asserted that his predecessors were Rajguru of Maharanas of Mewar and the office he holds was the principal seat of Nath Sampraday having control over 49 Asans of this Sampraday. Former Maharana of Mewar gifted various properties to the Aayas of Chaumukhanath in the form of land and houses which have successively devolved up on the disciples of the Gurus who latter occupied the office of Aayas. Such disciples were nominated either by Guru himself during his lifetime or in the event of there being no such nomination, were appointed according to the maufi rules prevalent in the former Mewar State. Village of Laduwas was given as maufi to the ancestors of the petitioner. As per the customs an

















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