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2024 Supreme(Online)(RAJ) 574
[2024:RJ-JP:26918]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16347/2016 Avdheshacharya son of (Late) Shri Ramodaracharya Ji, aged about 66 years, resident of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur ----Petitioner Versus
1. Devesthan Commissioner, Office of the Commissioner, Devasthan Vibhag, Rajasthan, Udaipur.
2. Jaipur Shehar Hindu Vikas Samiti, A Society Registered Under The Rajasthan Society Registration Act, Through President Shri Gauri Shankar Agarwal Son Of Shri Ram Niwas Agarwal, Aged Around 60 Years, Resident Of Plot No. A- 274, Muktanand Nagar, Jaipur.
3. State of Rajasthan, Secretariat Jaipur acting through the Chief Secretary.
4. Assistant Commissioner (First), Devasthan Vibhag, Temple Shri Ramchandra Ji Ground Floor, Sirh Dyodi Bazaar, Jaipur
5. Smt. Gayatri Devi Wife Of (Late) Shri Ramodaracharya Ji, Resident Of House No. 27, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
6. Suresh Mishra Son Of (Late) Shri Ramodaracharya Ji, Aged About 48 Years, Resident Of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
7. Dr. Ramesh Mishra Son Of (Late) Shri Ramodaracharya Ji, Aged About 45 Years, Resident Of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
8. Devendra Mishra Son Of (Late) Shri Ramodaracharya Ji, Aged About 35 Years, Resident Of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur (Since Deceased)
8/1 Priyanka Mishra Wife Of (Late) Shri. Devendra Mishra, Resident Of Mandir Shri Roop Chaturbhuj Ji, Gangori Bazar, Choti Chaupar, Jaipur
8/2 Master Sarvagya Mishra Son Of (Late) Shri. Devendra Mishra, Minor Through Natural Guardian Mother Priyanka Mishra Wife Of (Late) Shri. Devendra Mishra, Residents Of Mandir Shri Roop Chaturbhuj Ji, Gangori Bazar, Choti Chaupar, Jaipur ----Respondents Connected With S.B. Civil Writ Petition No. 16243/2016
1. Smt. Gayatri Devi Wife Of (Late) Shri Ramodaracharya Ji, Resident Of House No. 27, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
2. Suresh Mishra S/o Late Shri Ramodacharya, R/o House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur.
3. Dr. Ramesh Mishra S/o Late Shri Ramodacharya, Resident Of House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur.
4. Devendra Mishra S/o Late Shri Ramodacharya, (Deceased)
4/1 Priyanka Mishra W/o Late Shri Devendra Mishra, Resident Of Mandir Shri Roopchaturbhuj Ji, Gangauri Bazar, Jaipur.
4/2 Master Sarvagya Mishra S/o Late Shri Devendra Mishra, (Minor) Through Legal Guardian, Mother, Priyanka Mishra W/o Late Shri Devendra Mishra, Resident Of Mandir Shri Roopchaturbhuj Ji, Gangauri, Bazar, Jaipur.
----Petitioners Versus
1. Jaipur Shehar Hindu Vikas Samiti, A Society Registered Under The Rajasthan Society Registration Act, Through President Shri Gauri Shankar Agarwal Son Of Shri Ram Niwas Agarwal, Aged Around 60 Years, Resident Of Plot No. A- 274, Muktanand Nagar, Jaipur.
2. Shri Ram Sharan Das Chela Mahant Ram Manohar Das, Mahant, Ramanand, Virakt Saint, Seva Ashram, Sapt Rishi, Bhupatwala, Haridwar, Presently Residing At Banshiwalon Ki Bagichi, Bagru Walon Ka Rasta, Purani Basti, Jaipur (Deceased)
----Complainants-Respondents
3. The Commissioner, Devasthan Department, Udaipur, Rajasthan.
4. The Assistant Commissioner No. 1, Devasthan Department, Mandir Shri Ram Chandra Ji, Ground Floor, Sirodyodi Bazar, Jaipur.
-----Respondent
5. Shri Avadheshacharya S/o Late Shri Ramodarchrya, Resident Of House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur. ---Proforma-Respondent
6. State Of Rajasthan Through Its Chief Secretary, Rajasthan Secretariat, Jaipur (Raj.)
----Respondent Connected With S.B. Civil Writ Petition No. 16327/2016
1. Smt. Gayatri Devi Wife Of (Late) Shri Ramodaracharya Ji, Resident Of House No. 27, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
2. Suresh Mishra S/o Late Shri Ramodacharya, R/o House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur.
3. Dr. Ramesh Mishra S/o Late Shri Ramodacharya, Resident Of House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur.
4. Devendra Mishra S/o Late Shri Ramodacharya, (Deceased)
4/1 Priyanka Mishra W/o Late Shri Devendra Mishra, Resident Of Mandir Shri Roopchaturbhuj Ji, Gangauri Bazar, Jaipur.
4/2 Master Sarvagya Mishra S/o Late Shri Devendra Mishra, (Minor) Through Legal Guardian, Mother, Priyanka Mishra W/o Late Shri Devendra Mishra, Resident Of Mandir Shri Roopchaturbhuj Ji, Gangauri, Bazar, Jaipur.
----Petitioners Versus
1. Jaipur Shehar Hindu Vikas Samiti, A Society Registered Under The Rajasthan Society Registration Act, Through President Shri Gauri Shankar Agarwal Son Of Shri Ram Niwas Agarwal, Aged Around 60 Years, Resident Of Plot No. A- 274, Muktanand Nagar, Jaipur.
2. Shri Ram Sharan Das Chela Mahant Ram Manohar Das, Mahant, Ramanand, Virakt Saint, Seva Ashram, Sapt Rishi, Bhupatwala, Haridwar, Presently Residing At Banshiwalon Ki Bagichi, Bagru Walon Ka Rasta, Purani Basti, Jaipur (Deceased)
---Complainants-Respondents
3. The Commissioner, Devasthan Department, Udaipur, Rajasthan.
4. The Assistant Commissioner No. 1, Devasthan Department, Mandir Shri Ram Chandra Ji, Ground Floor, Sirodyodi Bazar, Jaipur.
-----Respondent
5. Shri Avadheshacharya S/o Late Shri Ramodarchrya, Resident Of House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur. ---Proforma-Respondent
6. State Of Rajasthan Through Its Chief Secretary, Rajasthan Secretariat, Jaipur (Raj.)
----Respondent Connected With S.B. Civil Writ Petition No. 16371/2016
1. Smt. Gayatri Devi Wife Of (Late) Shri Ramodaracharya Ji, Resident Of House No. 27, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
2. Suresh Mishra S/o Late Shri Ramodacharya, R/o House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur.
3. Dr. Ramesh Mishra S/o Late Shri Ramodacharya, Resident Of House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur.
4. Devendra Mishra S/o Late Shri Ramodacharya, (Deceased)
4/1 Priyanka Mishra W/o Late Shri Devendra Mishra, Resident Of Mandir Shri Roopchaturbhuj Ji, Gangauri Bazar, Jaipur.
4/2 Master Sarvagya Mishra S/o Late Shri Devendra Mishra, (Minor) Through Legal Guardian, Mother, Priyanka Mishra W/o Late Shri Devendra Mishra, Resident Of Mandir Shri Roopchaturbhuj Ji, Gangauri, Bazar, Jaipur.
----Petitioners Versus
1. Jaipur Shehar Hindu Vikas Samiti, A Society Registered Under The Rajasthan Society Registration Act, Through President Shri Gauri Shankar Agarwal Son Of Shri Ram Niwas Agarwal, Aged Around 60 Years, Resident Of Plot No. A- 274, Muktanand Nagar, Jaipur.
2. Shri Ram Sharan Das Chela Mahant Ram Manohar Das, Mahant, Ramanand, Virakt Saint, Seva Ashram, Sapt Rishi, Bhupatwala, Haridwar, Presently Residing At Banshiwalon Ki Bagichi, Bagru Walon Ka Rasta, Purani Basti, Jaipur (Deceased)
----Complainants-Respondents
3. The Commissioner, Devasthan Department, Udaipur, Rajasthan.
4. The Assistant Commissioner No. 1, Devasthan Department, Mandir Shri Ram Chandra Ji, Ground Floor, Sirodyodi Bazar, Jaipur.
-----Respondent
5. Shri Avadheshacharya S/o Late Shri Ramodarchrya, Resident Of House No. 12, Mishra Bhawan, Gangauri Bazar, Choti Chopar, Jaipur. ---Proforma-Respondent
6. State Of Rajasthan Through Its Chief Secretary, Rajasthan Secretariat, Jaipur (Raj.)
----Respondent Connected With S.B. Civil Writ Petition No. 16461/2016 Mandir Thikana Galta ji Trust Through Managing Trustees
1. Suresh Mishra S/o Late Shri Ramodacharya, R/o Roop Chaturbhuj Ji ka Mandir, Choti Choper, Gangauri Bazar, Jaipur.
2. Dr. Ramesh Mishra S/o Late Shri Ramodacharya, Resident Of Roop Chaturbhuj Ji Ka Mandir, Choti Chopar, Gangauri Bazar, Jaipur
3. Sarvagya Mishra Son Of Late Shri Devendra Mishra, Resident Of Roop Chatubhuj Ji Ka Mandir, Choti Chopar, Gangauri Bazar, Jaipur (Minor Through Guardian Mother Priyanka Mishra)
----Petitioners/appellants Versus
1. Jaipur Shehar Hindu Vikas Samiti, Through President Shri Gauri Shankar Agarwal, Resident Of Bhoot Bangla Suraj Pool Gate, Left Side House, Galta Gate, Jaipur.
2. Swami Sampat Kumar Avadeshacharya Son Of Ramodacharya, Resident Of Thikana Galtaji, Jaipur
3. Ramdas Chella Naraindas, Resident Of Prachit Sh. Ram Mandir Durga Singh Bhabhut Wale Haridwar, at present Resident Of Bansiwale Ki Bagichi, Bagrowale Ka Rasta, Jaipur -----Respondents/complainants
4.
State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.
----Respondents Connected With S.B. Civil Writ Petition No. 16511/2016 Mandir Thikana Galta ji Trust Through Managing Trustees
1. Suresh Mishra S/o Late Shri Ramodacharya, Roopchaturbhuj Ji Ka Mandir, Choti Chopar, Gangauri Bazar, Jaipur
2. Dr. Ramesh Mishra S/o Late Shri Ramodacharya, Roopchaturbhuj Ji Ka Mandir, Choti Chopar, Gangauri Bazar, Jaipur
3. Sarvagya Mishra S/o Late Shri Devendra Mishra Minor Through His Mother Smt. Priyanka Mishra W/o Shr, Roopchaturbhuj Ji Ka Mandir, Choti Chopar, Gangauri Bazar, Jaipur ----Petitioners-Appellants Versus
1. Shri Ram Das Chela Narayan Das Presently Residing At Banshi Wale Bageche Bagru Walo Ka Rasta, Jaip, Shri Ram Mandir Durga Singh Bhupat Wale Haridwar
2. Jaipur Shahar Hindu Vikas Samiti, Through President Shri Gauri Shankar Agarwal, R/0 Bhoot Bangla Suraj Pool Gate, Left Side House, Galta Gate, Jaipur
3. Shri Ram Sharan Das, Chela Mahant Ramanand Das, Virakt Saint, Seva Ashram, Sapt Rishi, Bhupatawala, Haridwar, Presently Residing At Banshiwalon Ki Bagichi, Bagru Walon ka Rasta, Purani Basti, Jaipur (Deceased)
4. Swami Sampat Kumar Avadeshacharya S/o Ramodacharya, Thikana Galtaji, Jaipur ---Complainants-Respondents
5. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Secretariat, Jaipur.
----Respondents Connected With S.B. Civil Writ Petition No. 8991/2017 Avdheshacharya Son Of Late Shri Ramodaracharya Ji, Resident Of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur ----Petitioner Versus
1. Devasthan Commissioner, Office Of The Commissioner, Devasthan Vibhag, Rajasthan, Udaipur
2. Jaipur Shehar Hindu Vikas Samiti, A Society Registered Under The Rajasthan Society Registration Act, Resident Of Plot No. A-274, Muktanand Nagar, Jaipur
3. Ramsharan Das Chela Mahant Ram Manohar Das, Mahant Ramanand Virakt Sant Seva Ashram, Sapt Rishi Bhu, Haridwar Uttrakhand, Presently Residing At Banshiwalon Ki Baghchi, Bagru Walon Ka Rasta, Purani Basti, Jaipur ---Respondents
4. Assistant Commissioner First, Devasthan Vibhag, Temple Shri Ramchandra Ji Ground Floor, Sirh Dyodi Bazaar, Jaipur.
5. Smt. Gayatri Devi Wife Of Late Shri Ramodaracharya Ji, Resident Of House No. 27, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur.
6. Suresh Mishra Son Of Late Shri Ramodaracharya Ji, Resident Of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
7. Dr. Ramesh Mishra Son Of Late Shri Ramodaracharya Ji, Resident Of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur
8. Devendra Mishra Son Of Late Shri Ramodaracharya Ji, Resident Of House No. 12, Mishra Bhawan, Gangori Bazaar, Choti Chaupar, Jaipur Since Deceased
9/1. Priyanka Mishra Wife Of Late Shri Devendra Mishra
9/2. Master Sarvagya Mishra Son Of Late Shri Devendra Mishra Minor Through Natural Guardian Mother Priy, Residents Of Mandir Shri Roop Chaturbhuj Ji, Gangori Bazar, Choti Chaupar, Jaipur ---Proforma Respondents For Petitioner(s) : Mr. A. K. Bhandari, Senior Adv. with Mr. Vaibhav Bhargava, Mr. M.M. Ranjan, Senior Adv. with Mr. Rohan Agarwal &
Mr. Yash Vardhan Tolani Ms. Suruchi Kasliwal with Mr. Yellop Singh For Respondent(s) : Mr. M. S. Singhvi, Former AG with Mr. Daksh Pareek Mr. Virendra Lodha, Senior Adv. with Mr. Hanumant Singh Mr. R.K. Mathur, Senior Adv. with Mr. Aditya Mathur Mr. B.S. Chhaba, AAG with Mr. Avinash Choudhary, Mr. Hardik Singh &
Ms. Yuvika Choudhary Mr. Jai Dayal Sharma with Mr. Shyam Kant Sharma Mr. Akash Ranjan, Assistant Commissioner, Devasthan HON'BLE MR. JUSTICE SAMEER JAIN
Order
Reportable Reserved on: 22/02/2024 Pronounced on: 22/07/2024
| Sr. No. | Contents | Page Nos. |
| Part A | Prefatory Remarks | 8 |
| Part B | Introduction: Origin, Significance and Historical Background of the Galta Peeth Dispute | 8-24 |
| Part C | Orders Impugned Dt. 28.03.2013 and 10.11.2016 | 24-25 |
| Part D | Submissions of the Petitioners | 26-32 |
| Part E | Submissions of the Respondents | 32-40 |
| Part F | Issues/Points of Determination | 40-41 |
| Part G | Discussions and Findings | 41-96 |
| Part H | Ancillary Remarks | 96-100 |
| Part I | Conclusion | 100 |
| Part J | Directions | 101-104 |
1. Since time immemorial, the history and culture of this country have been home to the quests for truth, whether it be through the material, the political or the spiritual. By virtue of the present set of petitions, this Court is called upon to exercise its adjudicatory authority, with regards to the issues emanating from the administration of Thikana Galta Ji and the ownership of its properties, which vide orders impugned dated 28.03.2013 and 10.11.2016, passed by the Assistant Commissioner, Devasthan and Commissioner, Devasthan Department (Appellate Authority) respectively, are stated to have been altered, purportedly sans the authority of law.
2. Therefore, since the scope of the controversy involved in the present batch of writ petitions is identical and overarching; with due consent of learned counsel appearing on behalf of both the sides, the petitions are jointly taken up for final disposal, by way of a common order.
Part B Introduction: Origin, Significance and Historical Background of the Galtapeeth Dispute
3. Situated within the welcoming Aravalli hills, which traverse through the landscape of Jaipur, the site of Galta Ji, also known as Galtapeeth/ Galta Gaddi/ Galta Thikana, consists of a series of temples, a Gurukul/Ashram, seat of the Mahant and a picturesque natural spring emerging high on the hill, which flows downwards and fills a kund (water tank) where devotees of Galta Ji bathe.
4. Galta Ji has its origin from ‘Galav’ rishi, a saint who lived at the site practicing meditation and doing penance i.e. tapasya. With the passage of time and on account of the astute worship and belief of its devotees, Galtapeeth emerged as a ‘tirth’ i.e. pilgrimage for the Hindu faith, with the underlining belief that the water at the site was holy. As a result, Galtapeeth garnered notable religious, spiritual and emotional significance for the followers of the Hindu faith.
5. As per the record before this Court, which includes the findings of the fact-finding authority i.e. Devasthan Department, Shri Krishnadas Ji Payohari Maharaj established the Galta Gaddi in Samvat Year 1560 i.e. 1530 AD and became the first Mahant of the Galta Gaddi. At this juncture, it is pertinent to note that a Mahant is the spiritual head of the temple/institution, who is responsible for the management of the estate in a proper manner, including the vital engagement of ensuring that the income emanating from and/or generated through the said temple/institution, is utilized only for the purpose of worship of the deity/idol or maintenance and upkeep of the temple/institution.
6. Pursuant to the demise of the founder Mahant i.e. Shri Krishnadas Ji Payohari, Shri Keel Das Ji was appointed by the erstwhile State of Jaipur as the successive Mahant of the Galta Gaddi. Thereafter, the erstwhile State of Jaipur continued to appoint Mahants pursuant to the demise of their predecessors. In continuation, Shri Harisharnacharya was appointed as Mahant of the Galta Gaddi in the Year 1920. However, on account of mismanagement of the properties of the Galta Gaddi, Shri Harisharnacharya was removed from the post of Mahant in the Year 1924. Thereafter, the erstwhile State of Jaipur, vide order/notification dated 22.10.1924, took all the assets and management of the Thikana Galta Ji under the control of the Court of Wards. The aforesaid control subsisted until 09.01.1949.
7. Shri Harisharnacharya, after his rem
