1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Smt. Lali Vs. The State of Rajasthan and Ors. S.B.Civil Writ Petition No. 8227/2007 Date of Order : 14/07/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Rajat Dave for the petitioner. Mr. Vijay Purohit for the respondent No.4. None present for the respondents No.1 to 3. BY THE COURT By the instant writ petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks to quash the order Annex.P-8 dated 23.11.2007 passed by the respondent No.2 Commissioner, Devasthan Department of the State and also seeks a direction to the respondent No.3 Assistant Commissioner, Devasthan Department to possess, control and maintain the temple Shri Neemuch Mata, Village Devali district Udaipur. 2 The facts and circumstances giving rise to the instant writ petition are that in district Udaipur at village Devali, there is famous temple known as “Neemuch Mataji's Temple” which was founded about 450 years ago by the people belonging to a community known as “Kayastha Samaj” more particularly the “Bhatnagars”. The temple having religious importance, certain fairs are organized every year. However, ever since foundation of the temple, Seva Puja has been entrusted to “Gameti” community. The petitioner herein belongs to “Gameti” community and claims right to Seva Puja inherited from the time immemorial. It has been pleaded in the writ petition that ever since the construction of the temple by its founders, Seva Puja and Worship of the temple are being performed by the ancestors of the petitioner and the respondent State Devasthan Department having direct governance charge over the temple. The petitioner has confined her claim only to the extent of hereditary rights to Worship and Seva Puja in the temple. This fact has not been disputed by the respondent State as well as the private respondent. By order impugned Annex.P-8, the respondent No.3 directed the possession of temple to Devalay Vikas Trust, Devali, Udaipur for a period of ten years. Hence this petition. 3 I have heard learned counsel appearing for the parties. Carefully gone through the record, more particularly the order Annex.P-8. It is contended by learned counsel for the petitioner that the petitioner inherited the right to Seva Puja and Worship in the temple as since the construction of the said temple almost 450 years ago, the petitioner's ancestors have been performing Seva Puja and worshiping in the temple and as such the petitioner and her family members have an inherited right to perform Seva Puja and Worship in the temple and this fact has not been disputed by any of the respondents as also the objectors who raised the objection before the respondent No.3. The respondent State Govt. i.e. Govt. of Rajasthan, Devasthan, Wakf and Sanik Kalyan Vibhag by its order No.F.9(3)Dev/92 dated 11.9.1997 superseding its earlier order dated 11.11.1991 with reference to temples managed and controlled by Devasthan Department ordered that for regular and proper management of Seva Puja, Naivedya Bhog are to be given in Supurdagee to registered private institutions on the terms and conditions incorporated in the order. The condition No.13 provides that before giving any temple in supurdagee to a trust, a public notice will be published in news papers so that objections related to the proposed supurdgar trust may come into the notice of the 4 department. After an enquiry and proper examination of proposal for giving a temple in supurdagee to a particular trust on conditions mentioned in the order, the matter will be decided at the level of Commissioner Devasthan. It appears from the order impugned Annex.P-8 that for the purpose of giving Shri Neemuch Mata Temple on Supurdagee, Dr. Mahendra Srimali, Chairman and Managing Director of Shri Hari Om Bhakti and Shakti Sadhna Trust raised objection and requested to give the temple on Supurdagee to his Trust and the petitioner Smt. Lalibai, Vareshwar Singh Bhatnagar and Ors, Satyanarain Paliwal and villagers of Devali raised their objections stating that under the orders of the State Govt. making a provision for giving temple on Supardagee, an attempt is being made to grab the temple by unscrupulous persons. It appears that one Roop Singh, Chairman of the Devalaya Vikas Trust, Devali, Udaipur, respondent No.4 claimed himself to be a Pujari, however, the respondent No.3 noticed the fact that Roopsingh, his father Okhsingh and Roopsingh S/o Jaisingh hail from Rajput community and had never been worshiping the temple or performed Seva Puja of the temple and they made an attempt to include their names as persons carrying out Seva Puja and Worshiping the temple, whereas the right to perform Seva Puja and worshiping the temple is inherited right in Gameti 5 community. However, it appears from the order impugned that having not been successful in getting the name included in the members of Gameti who inherited the right to perform Seva Puja and Worship in the temple, an objection has been filed in the name of Devalay Vikas Trust of which Roopsingh claims to be the Chairman and succeeded in getting the order of Supardagee in his favour. Even the respondent No.3 by order impugned has held that performing regular Seva Puja, Naivedya Bhog, Utsav etc. would continue with the petitioner as right inherited by Gamiti family yet directed to give the temple on Supardagee to the respondent No.4 for a period of ten years. In my view, the order giving the said temple on Supardagee to respondent No.4 for a period of ten years cannot be justified when there had not been any allegation/ complaint against the petitioner either of the mismanagement or not performing regular Seva Puja religiously. In these circumstances, the order impugned to the extent giving the temple on Supardagee to respondent No.4 Shri Devalay Vikas Trust, deserves to be set aside and quashed and it would be more appropriate to direct the Management and control of the temple by resopndent Devasthan Department more particularly the respondent No.3. 6 In this view of the matter, the writ petition is allowed and the order impugned Annex.P-8 dated 23.11.2007 to the extent directing to give Neemuch Mata Temple on Supardagee to respondent No.4 Devalay Vikas Trust through its Chairman Roopsingh, is set aside and quashed and instead the respondent No.3 the Assistant Commissioner, Devasthan Department of the State Government to control and maintain the said temple permitting the petitioner to perform Seva Puja of the Deity in the temple. There shall be no order as to costs. (H.R.PANWAR), J. rp 7 S.B.Civil Stay Petition No. 8524/2007 In S.B. Civil Writ Petition No. 8227/2007 Date of order : 14/07/2008 HON'BLE MR.H.R.PANWAR,J. Mr. Rajat Dave for the petitioner. Mr. Vijay Purohit for the respondent No.4. None present for the respondents No.1 to 3. Since the writ petition itself has been allowed, the stay petition stands disposed of. (H.R.PANWAR), J. rp