JUDGMENT :

Pankaj Mithal, J.

Many Lawyers were present representing various stakeholders and most of them who desired were heard.

2. “Machail Mata” alias Chandi Devi is a popular form of Goddess Durga deriving her name from the village Machail in Tehsil Padder, District Kishtwar of Jammu region. The Shrine of Machail Mata has a landscape of unblemished beauty with hills, glaciers and tributaries of river Chenab. The area is famous for its Sapphire mines.

3. The pindi of Machail Mata is in the “Swayambu” form. The Idol’s eyes are closed but pilgrims have experienced that she opens or flickers her eyes and by such flickering shakes of her jewellery without any outside force, wind etc.

4. The history would disclose that one Zorawar Singh Kahluria in 1834 sought the blessings of Machail Mata before crossing the mountain and river Indus with 5000 men for vanquishing army of locals of Ladakh. One Thakur Kulvir Singh of Bhaderwah visited the Shrine in 1981 and from 1987 onwards he started Chhadi Yatra from Bhaderwah to the Shrine every year in the month of July/August.

5. It takes almost 10 hours by road from Jammu to Gulabgarh (290 Kms) which is the base camp, then from Gulabgarh one has to walk a hilly terrain for 32 Kms to reach the Holy Shrine.

6. Helicopter service from Jammu to Gulabgarh and to the Shrine is also available.

7. Thakur Kulbir Singh has his own story to tell, he alleges that he was posted as supervising officer for the Padder area having 3 police posts under his charge i.e. Atholi, Machail and Sumcham (Padder) of tehsil Kishtwar in district Doda. He used to stay 15 days at Atholi and another 15 days at Machail in connection with his duties. During his posting he had spiritual experiences and he started visiting Machail Mata for worshipping and meditation.

8. Thakur Kulbir Singh was a resident of Bhaderwah. He was transferred to R.S. Pura in Jammu. Before leaving he installed a trishul in his room at Chinote, Bhaderwah. Slowly people starting visiting his house also to pay obeisance to the trishul as a holy symbol of the Mata. Thakur Kublir Singh regularly kept on visiting his home in Bhaderwah every year and used to organize Navratra Celebrations etc. He had several strange experiences and his faith in Machail Mata deepened. The name and fame of Machail Mata spread in the entire area and people starting visiting the shrine in large number. The offerings also increased and turned into lakhs. Therefore, he opened an account no. 4778 in the name of the deity of Shri Chandi Mata Ji with J&K Bank Ltd. Bhaderwah. The offerings received and deposited in the said account were utilised by him for holding bhandara, yagya and navratras.

9. Another bank account No. 496 in the name of Chandi Mata Machail was opened in J&K Bank Branch Atholi/Gulabgarh (Padder) by the local people, who started depositing the offerings and the donations received in the aforesaid account.

10. Sometime in the year 1988, it is alleged by Thakur Kulbir Singh that a Sanstha was created in the name and style of “Sarv Shakti Sevak Sanstha” to organize, manage, control and supervise the annual Machail Yatra. It was later registered in the year 1997 as a society under the JK Societies Registration Act.

11. The constitution of the Society “Sarv Shakti Sevak Sanstha” on record discloses that it has been established as a charitable, social, spiritual and a non-political organisation with head quarter at Bhaderwah. It aims to spread the message of Shri Chandi Mata and to uplift the spiritual values among the human beings. It further aims to develop vedic culture, universal brotherhood and to ensure necessary arrangements for the annual Machail Yatra and for the performance of all religious functions in context with Machail Mata.

12. Any person having faith in Chandi Mata by depositing Rs 5 can become a member of the sanstha, irrespective of his caste, color and creed. The whole sanstha is controlled and run by its patron Thakur Kulbir Singh. It has a executive