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TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Dev Sanskriti Charitable Trust Kullu – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
Petitioner is a registered trust. It claims to have been formed for various objectives including the one to protect the “Dev Sanskriti”. As per petitioner, the ‘Dev Sanskriti’ is an integral part of ethos of District Kullu. The value system intrinsically inculcates the devotion towards “Devtas” and “Devis” (local deities) in the local population of the district. A large number of local deities have their existence throughout the district having their respective area of prevalence.
2. Petitioner has specifically alleged that the local deities owned large tracts of land in their individual names. In view of personal inability of deities to cultivate their lands, the cultivation was being done through the tenants, who in almost all the cases were none else than the persons overlooking the management of the affairs of local deities. With the passage of time, various legislations have seen the light of the day for enforcing agrarian reforms. H.P. Big Landed Estate Act, 1953 and H.P. Tenancy and Land Reforms Act, 1972 being the important amongst them. Under the garb of these legislations, the agricultural holdings held in the names of local deities came to be tr
Point of Law : In H.P. Big Landed Estate Act, 1953, Section 11 (2) carved out an exception in favour of a minor provided minor had no other means of livelihood.
The limited rights of a Mohtmim or Shehbit of an idol inside a temple and the need for proper management of temple lands and income.
Civil courts lack jurisdiction over disputes involving religious properties when necessary parties, specifically deities, are absent; such matters should be resolved under the relevant endowment act.
The main legal point established is the rightful ownership of Deity land and the invalidity of mutations in favor of unauthorized parties.
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