Point of Law: It is a settled legal proposition that not only administrative but also judicial order must be supported by reasons, recorded in it.

JUDGMENT :

Satyen Vaidya, J.

The order dated 11.4.2019 passed by learned Civil Judge, Bilaspur, District Bilaspur, H.P. in CMA No. 75-6 of 2019 in Civil Suit No.146-01 of 2015/1987, is the subject matter of challenge in the instant petition.

2. Brief facts necessary for adjudication of the petition are that Civil Suit No. 85 of 1987 was filed by the predecessor-in-interest of petitioner with another seeking relief in the following terms :

1. A decree for declaration that Section 18 of the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984 is ultra vires of the Articles 14, 25 and 26 of the Constitution of India.

2. A decree for declaration that the order dated 10th December, 1985, passed by the Divisional Commissioner, exercising the powers of Commissioner under the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowment Act, 1984 appointing defendants Nos. 3 to 13 as new trustees/committee is illegal and ultra vires and as such void with consequential relief of injunction restraining defendants 1 to 13 not to interfere with the management and the functions of the hereditary trustees of Shri Naina Devi shrine.

3. A decree for declaration that only Bhojkies of Shri Naina Devi shrine are entitled to continue as Trustees of Shri Naina Devi Shrine and no other person has any right to be a trustee under the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowments Act, 1984.

4. A decree for declaration that the order dated 15th May, 1987 of the Deputy Commissioner, Bilaspur exercising the powers of Commissioner under the Himachal Pradesh Hindu Public Religious Institutions and Charitable Endowment Act, 1984 are illegal, ultra vires and void with consequential relief restraining the defendants from interfering with the rights of the Bhojkies of Shri Naina Deviji Shrine in maintenance of Shrine and for distribution of the share of the profits in accordance with the Rules of Samvat 2005 Bikram in the share as determined in the latest revenue records”.

3. Alongwith Civil Suit No. 85 of 1987, OMP No. 392 of 1987 was also preferred for interim injunction under Order 39 Rules 1 & 2 of the Code of Civil Procedure (for short, ‘the Code’). On 27.10.1987, OMP No. 392 of 1987 was disposed of in terms of agreement arrived at between the parties and it was held as under :

“In view of the aforesaid agreement arrived at between the parties, it is ordered that the amounts be paid to all the Bhojkis/plaintiffs who may be interested in receiving the amount in accordance with the scheme formulated by the Deputy Commissioner, Bilaspur. The Bhojkis /persons entitled to receive the amounts can receive these amounts under protest and defendant No.1 shall have no objection in making the payments to these persons under protest. It is clarified that receiving of the payments by such persons shall not at all prejudice their rights to the merits of the case and these payments shall be subject to the final adjudication of the case.

It is further ordered that defendant No.1 shall maintain a record about the names of the various Pujaris/Bhojkis who act in the temple on specified periods so that the amounts payable to them or to any other Bhojki/Pujari may be adjusted subject to the result of the suit. The amounts shall be disbursed to the various persons within a period of one week from today. The present application is disposed of accordingly.”

4. The Civil Suit No. 85 of 1987 was dismissed in default on 4.7.2011 and was restored to its original number on 19.5.2015. In the meanwhile, respondent No.2 on 3.8.2013 issued an office order making arrangement for apportionment of shares of Baridars/Pujaris from the amount collected by Shri Naina Devi Ji Temple Trust as offerings. It was clarified by respondent No.2 that the order so issued was subject to final outcome of the decision of the civil suit titled as Jai Parkash vs. State pending before the learned Civil Judge (Junior Division), Bilaspur.