IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2293 of 2009 With R/CROSS OBJECTION NO. 177 of 2011 In R/FIRST APPEAL NO. 2293 of 2009 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ==========================================

Approved for Reporting Yes No Yes -

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MAHARANASHRI MAHIPENDRASINHJI PARMAR HEIR OF PRUTHVIRAJSINH (DECEASED THRU' LEGAL HEIRS) & ORS.

Versus ADMINISTRATOR SHREE AMBAJI MATA DEVSTHAN TRUST AMBAJI &

ORS.

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Appearance:

MR ABHISHEK M MEHTA(3469) for the Appellant(s) No. 1 MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS ARCHANA R ACHARYA(2475) for the Respondents ==========================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 24/12/2025

ORAL JUDGMENT

1. Present First Appeal No. 2293 of 2009 is filed by the appellant under Section 72(4) of the Bombay Public Trusts Act [hereinafter be referred to as “the Act”] challenging the impugned judgment and order dated 03.06.2008 passed by the learned Principal District Judge, Banaskantha at Palanpur in Civil Misc. Application No. 49 of 1979, whereby the learned District Judge has dismissed the application.

2. Cross Objection No. 177 of 2011 is filed by the appellant – original respondent No.1 challenging the impugned judgment and order dated 03.06.2008 passed by the learned Principal District Judge, Banaskantha at Palanpur in Civil Misc. Application No. 94 of 1981, whereby the learned District Judge has dismissed the application.

3. That the present proceedings is arising out of the dispute with regard to the registration of the temple and its property and privileges to the appellant has right to offer puja on the 8th day of Navratri and to perform the Havan in the temple and to wave the Chamar before the Goddess. Further the appellant has right to see that while he performed the puja and rendered service to the Goddess, pilgrims are shut-out or excluded from the temple premises. So before parting with the issue involved in the present proceedings, the history is required to be seen as there is two part i.e. one is pre - independence of India and another is post – independence of India.

3.1 The History of Danta :- The Maharana of Danta State enjoys special influence from having in his territory the famous shrine of Amba Bhavani, where in August, September, October and November, pilgrims of all rank visit, their costly offerings coming in the end into the Rana’s exchequer. That Amba Bhavani, a celebrated shrine and place of pilgrimages situated near river Saraswati in the Arasur Hills, at the south-west end of the Aravalli range, on north frontier of Mahi Kantha, about fifteen miles north of the State of Danta. It’s origin stream of votaries never quite ceases, but thrice a year, from all sides, thousands of pilgrimages visiting the holly shrine. The Rana of Danta, as custodian of the temple, received all offerings as well as fees from the pilgrims. The original records and extracts show that the shrine of Amba Bhavani is situated on the Arasuri Hills in the Danta State that it is very ancient, famous and pilgrims from all parts, visit it and offer costly presents and in turn, the same was received by Maharana of Danta as custodian. The said fact supported by numerous documents produced before the different Courts in different proceedings and it is mentioned in Forbes’ Rasmala. Exhibit 55 is certified extract from the Land Alienation Register. It shows that the Alliance is Mata Ambaji of Arasur Mountain Manager Matadara Patel, column No.4 shows that it is devasthan class III columns 5 to 91 show that a Sanad dated 06.11.1863 was issued by the then Governor of Bombay to the holders namely Bhudar Bhagvan and Bhudar Nagarand that though it was assessed at Rs.8/- only and Rs.1/- per annum was payable to the Government for it. That the Sanad of 1863 was issued in the name of Shree Mata Ambaji of Arasur Mountain and Bhudar Bhagvan and Bhuder N