High Court assigns management of Shree Bajrang Dev Temple to DC Srinagar

Srinagar, Aug 13: The High Court of J&K and Ladakh Tuesday directed Deputy Commissioner (DC) Srinagar to take over management and properties of a temple - Shree Bajrang Dev Dharam Dass Ji Mandir, Sathu Barbar Shah here.

Deciding a petition filed by Prem Jay Mishra, who claimed to be the Mahant of the Mandir, a division bench of Justice Sanjeev Kumar and Justice M A Chowdhary also directed the DC to make arrangements for performance of daily puja and other religious rituals through a committee of officers of revenue and other departments to be constituted by him.

In his plea, Mishra had challenged the communication dated December 22, 2017, of the District Magistrate, Srinagar whereby the DM had withdrawn the order allowing Jai Ram Dass to perform puja in the temple and entrusted its daily affairs to Baba Dharam Dass Ram Jeevan Dass Trust.

Mishra claimed that the pujari of the temple Mahant Jai Ram Dass had appointed him as Mohatamim of the temple property by virtue of a declaration executed on December 1, 2015, following which he staked claim over the right to perform puja and other religious rituals in the temple.

“Indisputably, the temple property in question vests in the Deity and, therefore, none of the parties to this petition or anybody else can stake claim over it,” the court said.

The court noted that there was nothing on record based on which, it could conclude as to how the property came to be dedicated to the temple.

The court held that in the absence of any specific record, it had to be presumed that the Maharaja of the time built temples and dedicated landed properties to them so that the income earned out of such properties was used for the management and betterment of the temples and charitable purposes.

As per the government, the appointment of Mahant in the Hindu temples in Jammu & Kashmir is governed by the procedure enumerated in Ailan No 13 dated 3 Asooj 1964 Bikrami notified during Maharaja times.

“Ordinarily, the temple properties are required to be managed as per the stipulation, if any, contained in the trust deed or dedication made for creating such temple or endowment.

The office of Mohtmim or Manager is not hereditary office and, therefore, the successor of a Mohtmim or Manager of a temple and its properties cannot, as a matter of right, succeed to be the next manager of the properties of the temple,” the court noted.

The court pointed out that in the instant case, the last recorded Mohatmim of the temple property was Kankar Dass Chella Pandit Shatrugan Dass Pujari.

Thereafter, it said, neither any succession is recorded in the revenue record nor is there any person legitimately recorded to succeed Kankar Dass.

“There has been dispute between various sects of Sadhu Samaj, each claiming to succeed Baba Kankar Dass with the right to manage the properties of the temple. It is in the absence of a proper written document governing management of the temple property, the vested interests have staked their claims over the temple properties,” the court said.

“It has been brought to the notice of this court that many such properties of temples, which came in the hands of different vested interests, were either sold and leased out or encumbered to the serious prejudice of the temples and their management,” the court said. “The loot of temples properties became rampant after 1990 when Kashmir came under the onslaught of terrorism.”

The court observed that the minority community which was frequenting these temples and had interest in their management was made to flee from the valley to save their lives.

“Consequently these temples came to be abandoned,” it said. “Taking benefit of this chaotic situation, so-called Mahants and Babas in connivance with locals encroached upon the properties of the temples. Since most of the temples and their properties were situated in urban areas, as such, due to their high value, the vested interests started litigating with each other, some staking their claims based on recorded entries in the revenue record and others based on trust deeds executed by them inter se without any authority of law.”

With regard to the case in hand, the court said that the instant property too had become victim of the situation and to some extent apathy of the government.

The bench said: “We have carefully gone through the entire record placed before us and are prima facie convinced that none of the parties have in their possession any legal document to substantiate their claim either to manage the temple and its properties or to offer puja and prayers in the temple.”

To ensure that no further damage is caused to the temple properties, the court ordered that the management of the temple and its properties in their entirety shall be taken over by the DC Srinagar, who should manage the temple and its properties including making arrangements for performance of daily puja and other religious rituals through a committee of officers of revenue and other departments, to be constituted by him.

The court also directed the local police to provide all assistance to the district administration and the committee so appointed to carry out its functions.

While the court ordered that the committee would open up an account in the name of the deity or temple and deposit all the usufructs and the profits arising out of the properties of the temple, it said: “The committee shall, however, be entitled to utilize the amount so realized for better management and welfare of the temple.”

The court also asked the DCr to initiate appropriate steps to ensure that all encroachments over the temple properties were removed by following due process of law.

The court said the party or parties claiming the right to perform puja and receive offerings or to claim management of the properties shall be free to agitate their rights before the civil court. “No such suit shall be entertained or continued by any civil Court unless the Deputy Commissioner/District Magistrate is arrayed as a party defendant.”

The court also ordered that in all pending civil suits regarding the temple or its properties, the civil court shall array the DC or District Magistrate as a party to avoid collusion between the parties.

“This position shall continue till the rights of the parties are conclusively determined by a civil court or the J&K government comes up with an appropriate legislation for all the charitable and religious institutions and endowments, as suggested by this Court in its judgment dated February 25, 2022, passed in PIL No 24/2018 titled Ajay Kumar Sharma Versus the State of J&K and Others, whichever is earlier,” it said.

In response to separate petitions filed, the court while disposing of these petitions passed similar orders with regard to two other temples including Shri Baba Dharam Dass Ram Jeevan Dass Trust Sattu Barbar Shah Srinagar and Shri Baba Dharam Das Ram Jeevan Dass Trust Satu Var Var Shah Bishembar Nagar.

In response to a related petition raising a similar issue, the court directed Deputy Commissioner Baramulla to take over the property in the name of a Dharamshala at Kreeri Baramulla.

For this purpose, the court said, the District Magistrate shall be free to appoint a committee of officers of the revenue and other departments.