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2007 Supreme(MP) 460

A.K.PATNAIK, K.K.LAHOTI
Ramawtar Chaurasiya – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
G. S. Ahluwalia, for Petitioner; Sanjay K. Agrawal, Dy. A.G., K. K. Trivedi, Sr. Advocate, for Respondents.

Judgement

A. K. PATNAIK, C. J. :- Both these writ petitions relate to Maa Sharda Devi Mandir at Maihar in District Satna in the State of Madhya Pradesh.

2. The State Legislature has enacted The Madhya Pradesh Maa Sharda Devi Mandir Adhiniyam, 2002 (for short the Adhiniyam), which has admittedly come into effect by a notification issued by the State Government under sub-section (2) of Section 1 of the Adhiniyam. Section 4 of the Adhiniyam provides that notwithstanding anything contained in any decree or order of any Court or any custom or usage or contract, sanad, instrument, deed or property, engagement to the contrary, the ownership of the Mandir and all the endowments which have been or may after the enactment of the Adhiniyam be made for the benefit of the Mandir in the name of any person whatsoever or for the convenience, comfort or benefit of the pilgrims visiting the Mandir and all offerings including Chadotri shall vest in the deity of Maa Sharda Devi. Section 5 (1) of the Adhiniyam provides that the administrative control and management of the Mandir and its endowments shall vest in Maa Sharda Devi Mandir Managing Committee (for short the Committee). Section 11 of the Adhiniy












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