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2005 Supreme(Raj) 1368

B.PRASAD
Mahant Deepak Swami – Appellant
Versus
Sessions Judge, (Fast Track) No. 5, Jaipur City – Respondent


Advocates Appeared:
Mr. Alok Sharma, for the Appellant.

Judgment

B. Prasad, J.-The present appeal is filed in a matter of a dispute which relates to the management of a temple known as "Sitaramji Temple" It is said that two Mahants namely Mahant Gobind Das and Mahant Mohan Das were running the affairs of the temple and its management. They were doing sewa puja alternatively for years.

2. A notice under Section 17 of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as the Act of 1959) was issued requiring the temple to be registered as Public Trust. The erstwhile rulers of Jaipur State considering the dispute directed the two Mahants to share half of the income of each year vide order dated 29.07.1942. Somewhere in 1943, the management of the temple was taken over by the Court of wards. Subsequently, when the State of Rajasthan came into being, the administration of the temple was taken over by Devasthan Department, Government of Rajasthan. Two lines of Mahants arrived at a compromise in 1950. Some orders were passed by the Revenue department also. In between, a draft deed was drawn up and an application for registration of the temple as public trust came to be filed under Section 17 of the Act of 1959. It is alleged Mahant






















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