2025:CGHC:59658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ORDER RESERVED ON 12.09.2025 ORDER DELIVERED ON 09.12.2025 ORDER UPLOADED ON 10.12.2025 WPC No. 2842 of 2023

1 - Gosai Ram Sinha S/o Late Shri Budhram Sinha Aged About 70 Years R/o Village- Tengnabasa, Chhura Block- Ghhura, Tahsil -

Griyaband, District : Gariyabandh, Chhattisgarh ... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary Revenue Department, Mahanadi Bhawan Mantralaya, Nawa Raipur, District : Raipur, Chhattisgarh

2 - The Collector Gariyaband, District : Gariyabandh, Chhattisgarh

3 - Sub-Divisional Officer (R) Chhura, District : Gariyabandh, Chhattisgarh

4 - The Tahsildar Chhura, District : Gariyabandh, Chhattisgarh

5 - Khilawan Sinha S/o Late Shri Budhram Sinha Aged About 60 Years R/o Village- Tengnabasa, Chhura Block- Chhura, Tahsil – Griyaband, District : Gariyabandh, Chhattisgarh

6 - Smt. Devki Bai D/o Late Shri Budhram Sinha Aged About 80 Years R/o Village- Dumarpali, Block- Bagbahara, District : Mahasamund, Chhattisgarh

7 - Smt. Madan Bai D/o Late Shri Budhram Sinha Aged About 76 Years R/o Village- Atarmara, Chhura Block- Chhura, Tahsil - Griyaband, District : Gariyabandh, Chhattisgarh

8 - Smt. Narad Bai D/o Late Shri Budhram Sinha Aged About 78 Years R/o Village- Tengnabasa, Chhura Block- Chhura, Tahsil - Griyaband, District : Gariyabandh, Chhattisgarh

9 - Smt. Mathura Bai D/o Late Shri Budhram Sinha Aged About 55 Years R/o Village- Dadargaon, Chhura Block- Chhura, Tahsil - Griyaband, District : Gariyabandh, Chhattisgarh

10 - Smt. Hemlata D/o Late Shri Narayan Sinha Aged About 45 Years W/o Shri Sant Ram Sinha, R/o Village- Belar, Tahsil - Fingeshwar, District : Gariyabandh, Chhattisgarh

11 - Santram Sinha S/o Rameshwar Sinha Aged About 50 Years R/o Village- Belar, Tahsil - Fingeshwar, District : Gariyabandh, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Shri J.N.Nande, Advocate For Respondent/State : Ms. Upasna Mehta, Dy.GA For Respondent No.10 &11 Shri Chakresh Tiwari, Advocate (Hon’ble Shri Justice Arvind Kumar Verma)

C A V Order

The petitioner has filed the present petition under Article 226 and

227 of the Constitution of India challenging the order dated 20.04.2023 passed by the SDO (Revenue) Chhura, District Gariyaband whereby a management committee was constituted for Shri Radha Krishna Mandir situated at Village Tegnabasa. The petitioner claims that the temple is a private family endowment build and managed by his late father Budhram Sinha as per instruments of settled dated 15.03.1960 and 11.11.1974 without formal trust creation. In other words, he contends that the temple was established and managed privately by his father late Budhram Sinha and family members based on instruments for settlement in 1960 and 1974 without constituting a formal trust under the Indian Trust Act or the Chhattisgarh Public Trust Act. The Sub Divisional Officer acted without jurisdiction and in an arbitrary, illegal and unlawful manner by interfering in the private management of the temple, which does not fall under the purview of the Public Trust Act, 1951.

2. Facts of the case in brief are that the temple of Lord Shri Radha Krishna was constructed by the father of the petitioner Late Budhram Sinha in the year 1942 at village Tegnabasa, Block Chhura, District Gariyaband. Budhram Sinha executed instruments of settlement in the year 1960 and 1974 donating land specifically for the temple’s management and service of the deity but did not create a formal trust.

After his death in the year 1975, followed by his elder son Narayan’s demise, the petitioner as surviving son, inherited the responsibility of managing the temple according to family customs and Hindu sacraments. Respondent No.10’s repeated applications before the revenue authorities-from Tahsildar (2003, rejected via Gram Panchayat resolution), SDO (Revenue) Chhura (19.08.2013, claim rejected but initial committee formed), Additional Collector (28.04.20214, committee quashed for excluding heirs, remitted