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1997 Supreme(Raj) 164
High Court Of Rajasthan
Judgename : P.P. Naolekar
Deewan Singh - Appellant
Versus
State of Rajasthan - Respondent
Civil Writ Petition Nos. 21 of 1981, 2247 of 1983
Decided On : 02/05/1997
L.R. Mehta, Arun Bhansali, R.C. Kasliwal, I.K. Jain, P.C. Shah, R.P. Dave, D.K. Jain, Digamber, Swetamber Jains, M.M. Vyas, H.N. Calla, Advocates and L.S. Udawat
The provisions of the Rajasthan Public Trust Act, 1959, particularly Sections 17, 18, 52, and 53, were interpreted by the Supreme Court to determine the management of the temple of Shri Rikhabdevji and the applicability of Chapter X of the Act.
Headnote:
PUBLIC TRUST - SHRINE OF SHRI RIKHABDEVJI - MANAGEMENT - RAJASTHAN PUBLIC TRUST ACT, 1959 - SECTIONS 17, 18, 52, 53 - INTERPRETATION - COURT'S DIRECTIONS.
Fact of the Case:
The dispute concerned the management of the ancient Jain temple of Shri Rikhabdevji in Dhulev, Rajasthan. The temple was managed by the Devasthan Department of the State of Rajasthan, which claimed to be a trustee de son tort. Two writ petitions were filed in the High Court of Judicature for Rajasthan at Jodhpur, one by the Swetamber Murtipujak Jains and the other by the Digamber Jains, claiming the right to manage the temple. The High Court held that the temple was a Swetamber Jain temple and directed the State Government to constitute a Committee for its management as provided in the Rajasthan Public Trust Act, 1959 (the Act). The State Government and the petitioners appealed to the Supreme Court.
Finding of the Court:
The Supreme Court held that the temple was a Jain temple and that the management of the temple had been taken over by the erstwhile Udaipur State under a law prior to the Constitution and continued to be vested in the State of Rajasthan. The Court also held that the provisions of Sections 52(1)(d) and (e) of the Act were not ultra vires and that the provisions of Section 53(5) provided adequate safeguards for leaving the administration of the properties in the hands of a denomination.
Issues: 1. Whether the temple of Shri Rikhabdevji is a Swetamber Jain temple or a Hindu temple? 2. Whether the management of the temple was taken over by the erstwhile Udaipur State under a law prior to the Constitution and continued to be vested in the State of Rajasthan? 3. Whether the provisions of Sections 52(1)(d) and (e) of the Act are ultra vires? 4. Whether the provisions of Section 53(5) provide adequate safeguards for leaving the administration of the properties in the hands of a denomination?
Ratio Decidendi: 1. The Supreme Court held that the temple of Shri Rikhabdevji is a Jain temple based on the documents admitted by the State of Rajasthan, which clearly showed that the temple was a Jain temple. 2. The Supreme Court held that the management of the temple was taken over by the erstwhile Udaipur State under a law prior to the Constitution and continued to be vested in the State of Rajasthan, as there was no evidence to the contrary produced by the State of Rajasthan. 3. The Supreme Court held that the provisions of Sections 52(1)(d) and (e) of the Act were not ultra vires, as the provisions of Section 53(5) provided adequate safeguards for leaving the administration of the properties in the hands of a denomination. 4. The Supreme Court held that the provisions of Section 53(5) provide adequate safeguards for leaving the administration of the properties in the hands of a denomination, as the Committee of Management could be constituted from amongst the trustees of public trusts representing the same religion or persuasion, or from amongst the persons interested in such public trust or in the endowments thereof or belonging to the denomination for the purpose of which or for the benefit of whom the trust was founded.
Final Decision: The Supreme Court allowed the appeals filed by the State Government and dismissed the appeals filed by the petitioners. The Court directed the State Government to publish the list of public trusts to which Chapter X of the Act applied within six months from the date of the judgment.
P.P. Naolekar, J.-Since, common questions of law and facts are involved in both these petitions; they are being decided by this common order.
2. These petitions are filed claiming the reliefs amongst others which are relevant as submitted by the Counsel appearing for the respective parties are: (i) for enforcement of the provisions of the Rajasthan Public Trust Act, 1959 (hereinafter referred to as ‘the Act’) Specially Sections 17/18, 52 and 53 and for the compliance of the directions in the Judgment of the Hon’ble Supreme Court, dated 14-12- 73; (ii) to issue a Mandamus directing the State Govt. to issue a list of Public Trusts to which chapter X applies as required under Section 52(2) of the Act and specially to include the temple of Shri Rikhabdevji, which is directly managed by the State and to appoint a committee of Management in terms of Section 53 of the Act; (iii) to quash the Judgment of the Devasthan Commissioner, dated 25-3-80 and direct registration of the trust under the Act. certain persons have been permitted as intervenors by the Court who plaim the right of management of the temple on the ground that the temple does not belong only to two sects of Jain Swetamber or Digamber but the Hindu public and they are the persons interested in the public trust. At the very outset, it is made clear that neither of the parties pressed for nor I feel it necessary to determine at this stage the question whether the temple is a Swetambar temple or a Digamber temple which would be a question of fact and will require appreciation of evidence.
.3. In village Dhulev nearly 40 miles from Udaipur in Rajasthan, there exists a very ancient Jain temple of Shri Rikhabdevji also known as temple of Shri Keshariya Nathji. The main idol is that of Shri Rikhabdevji, the first Tirthanker of Jains & Ors. idols in the said Devries are those of other Tirthankers and of the foot prints of some deities. The temple of Shri Rikhabdevji has religious and charitable activities for which pilgrims visiting the temple donate large’funds. On 23-5-1947 a constitution of Mewar was promulgated in the erstwhile, State
.of Mewar. Thereafter the State of Mewar merged with other States and formed the United State of Rajasthan. The management of the temple was placed into the hands of the Devasthan Department of the State of Rajasthan and the Devasthan Department has since been maintaining and administering the temple as a Trustee de son tort.
4. Previously two separate writ petitions D. B. civil Writ Petition No. 501/1962 and D.B. civil Writ Petition No. 407/1962 under Article 226 of the constitution of India were filed in the High Court of Judicature for Rajasthan at Jodhpur. The writ petitions were filed on behalf of the Swetamber Murtipujak Jains. The case of the petitioners before the High Court was that the said temple of Shri Rikhabdevji was owned by and belonged to the Swetamber sect of Jains and that the management of the said temple had been illegally usurped by the Goyt. of Rajasthan through the pevasthan Department and prayed a writ of Mandamus restraining the State Govt. from enforcing certain provisions of the Rajasthan Public Trust Act No. 42 of . 1959 and from carrying out the management of the said temple and hand over the same to the denomination of the Swetamber Jains.
5. TheState Govt. in its counter-affidavit had contested the claim of the petitioners and disputed that the said temple was Swetamber Jain temple. The said temple is a Hindu and was built by the Hindu Ruler of Mewar, that Hindus of all sects including Bhils & Ors. members of the Scheduled Castes as also Jains of all sects were permitted to come and worship in the said temple ever since it was built and that it had always, beep managed by the Hindu Rulers of Mewar. It was refuted that any provisions of the Rajasthan Public Trust Act were unconstitutional.
6. The High Court, by its Judgment dated 3 0-3-66 held that the temple was a Swetamber Jain temple and that the manag
