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1986 Supreme(All) 346

J.N.DUBEY, R.M.SAHAI
TRIVIKRAM NARAIN SINGH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
RAVI KANT CHADHA

R. M. SAHAI, J.


( 1 ) WORSHIPPERS of Hindu religion, eminent citizens of Varanasi having faith in Hinduism and Lord Shiva, Pujaris of Kashi Vishwanth temple and Shri Aadi Visheshwar, the idol himself, approached this court, by separate petitions filed under Art. 226 of the Constitution against take over of management of the temple by the State Government, first by Ordinances, replaced later by Act 29 of 1983, as ultra vires and invalid as it hurt not only their religious feelings and sentiments but of Hindus in general and was violative of constitutional guarantee of religion under Arts. 25 and 26 of the Constitution. Although initially petitions were directed against Ordinances and it was claimed that they had been issued without any emergency or necessity as contemplated under Art. 213, but after their replacement by Act, it became academic and petitioners were permitted to challenge provisions of Act, and amend the petition. As arguments proceeded, challenge founded on freedom to practice, profess and propagate religion protected under Art. 25 was given up. Thrust was confined to infringement of right of religious denomination to manage its religious affairs and administer its p



























































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