N.D.OJHA, C.P.SEN
RAMCHANDRA MANGILAL – Appellant
Versus
STATE OF M P – Respondent
( 1. ) THIS judgment shall govern the disposal of Miscellaneous petition No. 2605 of 1983 also. The appellants in Civil First Appeal No. 6 of 1979 renumbered as 211 of 1986 filed M. P. No. 76 of 1957 challenging the constitutional validity of Madhya Bharat Shri Mahakaleshwar Temple Act, 1953 (hereinafter referred to as the Act of 1953) on various grounds asserting that they were the Pujadhikaris or pujaris from the time of their ancestors of the deity of Shri Mahakaleshwar at Ujjain which was a jyotirlinga and were entitled to the offerings made to the said deity. According to them there were two sects of these Pujaris, one known as Janeu Pati and the other as Khoont Pati, the former were entitled to twelve annas share and the latter four annas share in the offerings. Their case further was that the deity had all along been in the charge of the Pujaris who had been performing its Sewa Puja in accordance with the established custom. The writ petition was contested by the respondents thereto and came up for decision before a Division Bench. There was a difference of opinion between the two Judges and the matter was referred to the Chief Justice who took the view that since
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