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2024 Supreme(Online)(RAJ) 579
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
HON'BLE MR. JUSTICE SAMEER JAIN, J
AVDHESHACHARYA – Appellant
Versus
DEVASTHAN COMMISSIONER AND ORS – Respondent
CW / 8991 / 2017
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
The appointment of the Mahant of Thikana Galta Ji is not hereditary but based on merit, with properties belonging to the idol under State guardianship.
Headnote:(A) Rajasthan Public Trusts Act, 1959 - Sections 17, 18, 23, 24, and 41 - Dispute regarding the administration of Thikana Galta Ji and ownership of properties - The court held that the appointment of Mahant is not hereditary but based on merit as per the will of the State - The properties belong to the idol, with the State as guardian, and cannot be claimed as personal property by the Mahant. (Paras 1, 44, 51, 67, 100)
(B) Locus Standi - The court ruled that the Jaipur Shahar Hindu Vikas Samiti and others had the right to raise grievances regarding the management of the public trust as they are considered 'persons having interest' under the Act. (Paras 29, 40)
(C) Mismanagement and Fraud - The court found that the Mahant engaged in fraudulent activities by altering bylaws and establishing a private company for personal gain, violating the trust's objectives. (Paras 84, 86)
Facts of the case:
The case involves a dispute over the management and ownership of properties associated with Thikana Galta Ji, a public trust, where the Mahant's appointment and the nature of the properties were contested. (Paras 1, 3, 4)
Findings of Court:
The court concluded that the Mahant's appointment is not hereditary, the properties belong to the idol, and the Mahant acted beyond his authority, leading to mismanagement. (Paras 99, 100, 104)
Issues: The main issues included the locus standi of the complainants, the nature of the Mahant's appointment, and the ownership of the disputed properties. (Paras 29, 44)
Ratio Decidendi: The court emphasized that the Mahant's role is that of a caretaker for the idol, with the State as its guardian, and any claims of personal ownership over trust properties are invalid. (Paras 51, 67)
Result: The petitions were dismissed, and the impugned orders were upheld, with directions for the State to restore the properties. (Paras 104, 108)
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 Part J Directions 101-104 (8 of 104) Part A Prefatory Remarks
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.
(9 of 104)
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 (10 of 104) 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 removal f
