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PANKAJ MITHAL, RAJNESH OSWAL
Ajay Kumar Sharma – Appellant
Versus
State of J&K – Respondent
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
Urgent intervention by the State Government and appointment of a local Commissioner and Receiver to address mis-management and illegalities in the maintenance of the Shrine and Yatra.
The High Court refrained from granting any declaration as to who is the actual person who has a right to exercise the shebait rights or any other right relatable to the temple. The Court left open th....
The appointment of non-hereditary trustees is valid under the Hindu Religious and Charitable Endowments Act when there is evidence of mismanagement by hereditary trustees, and full legal procedures a....
Only the Temple Advisory Committee can conduct religious rites and collect contributions in temples managed by the Cochin Devaswom Board, as per statutory provisions.
State authorities cannot unilaterally usurp the managerial role of an established religious institution's trustees to implement infrastructure projects. Temple funds, particularly surpluses, must fol....
The court ruled that a compromise decree is binding on parties involved, and a temple advisory committee cannot re-agitate settled issues regarding ritual performance and fund collection without appr....
The court ruled that actions taken by the State Hindu Religious Trust Board were without jurisdiction due to non-compliance with statutory provisions, affirming the private nature of the religious tr....
The statutory provisions governing temple management override traditional claims, emphasizing adherence to the established legal framework.
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