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2024 Supreme(JK) 422

HIGH COURT OF JAMMU AND KASHMIR
PREM JAY MISHRA – Appellant
Versus
STATE OF JK (REVENUE DEPARTMENT) – Respondent


JUDGMENT :

Sanjeev J

1. The petitioner claims to be the Mahant of Shree Bajrang Dev Dharam Dass Ji Mandir, Sathu Barbar Shah (temple property) and has filed this petition to throw challenge to the communication of the District Magistrate, Srinagar bearing No.DMS/RD-5245-11/Mig/1169-73 dated 22.12.2017, whereby the District Magistrate has, inter alia, withdrawn the order allowing Dr. Jai Ram Dass to perform puja in the temple in question and entrusted the daily affairs of the temple to Baba Dharam Dass Ram Jevan Dass Trust. The petitioner claims that the pujari of the temple Mahant Jai Ram Dass has appointed him as Mohatamim of the temple property by virtue of a declaration executed on 01.12.2015. The petitioner, therefore, stakes claim over the right to perform puja and other religious rituals in the temple.

2. Mr. Qureshi, learned senior counsel appearing for the petitioner, however, conceded that the petitioner is not entitled to nor is he interested to manage the temple property. The petitioner has, thus, restricted his petition only to his right to perform puja in the temple.

3. The writ petition is opposed by the official respondents. In the reply affidavit filed on behalf of the

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