1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 49 OF 2001. Shri Mahalsa Saunsthan Mardol, Ponda, Goa through its Regular Attorney Mr. Upendra S. Pai Kane of major age, residing at Goa Velha, Ilhas, Goa. .. Petitioner Versus 1. Shri Ajay G. Poi Raiturcar 2. Shri Sudhan S. Kamat 3. Shri G. G. Poi Raiturcar 4. Shri R. S. Kamat 5. Shri D. R. Kamat 6. Shri V. R. Kamat 7. Shri A. R. Kamat 8. Shri Anup G. Poi Raiturcar 9. Shri Ramdas M. Pai Kakode 10. Shri Tivikram N. Pai Raiturkar 11. Shri Arvind alias Balaji N. Pai Raiturkar 12. Shri Shrivallabh N.Pai Raiturkar 13. Shri Jagdish V. Acharya 14. Shri Suhas G. Bhat 15. Shri Siddhanath A. Acharya 2 16. Shri Anil P. Acharya 17. Shri Rajendra K. Bhat 18. Shri Prasanna G. Acharya 19. Shri Audhut M. Pai Kane 20. Shri Prasad M. Kane 21. Shri Raghunath M. Pai Kane 22. Shri Mohandas Bhicu Bhat c/o Sonu Township Mugale, Curtorim, Salcete- Goa .. Respondents. Mr. M. S. Usgaonkar, Senior Advocate with Mr. S. V. Kamat, Advocate for the petitioner. Mr. S. D. Lotlikar, Senior Advocate with Mr. S. Y. Thali, Advocate for the respondents. CORAM :- SMT. R. S. DALVI, J. DATE : 05 th May , 2009 . ORAL JUDGMENT : 1. The writ petition has challenged the judgment of the Administrative Tribunal, Goa dated 13.2.2001 upon the appeal filed under Article 71 of the Regulation Governing Hindu Temple (Devasthans) of Goa, Daman and Diu (the Act,1933). 3 2. The devotees of the suit temple desired to put up a gold Kalash on the temple. Several meetings were held for that purpose. The respondents have attended and resolved to pass certain resolutions at various such meetings. One such meeting was held on 2.1.2001 as an extra-ordinary meeting convened by notification published in the official gazette No.38 dated 16.12.1999. Several respondents were present. The respondent No.4 presided over the meeting. A metallurgist G.R.Kamat gave an opinion about the Shikhar Kalash to be put. In his opinion, the Kalash entirely made of gold cannot withstand the foray of nature. The meeting records his opinion as also the technology of metallurgy in Japan and the opinion about the method of amalgamation of gold and copper having gold layer with copper belts with 24 Carat purity as the right alloy for the Kalash. The meeting shows the unanimous resolution passed about Swarna Shikhar Kalash for the suit temple with specified heights and composition is agreed in the meeting. The Mahajans who were present signed below the minutes. The persons who attended that meeting have also signed. In all the unanimous resolution came to be signed by 40 respondents and 63 Mazanias. 4 3. It is essentially based upon this resolution that the petitioner has proceeded. However, the gold which was collected in cash as well as kind from the devotees was essentially meant to be for entirely gold Kalash and not only a gold plated Kalash. The amounts which were called for and the appeals which were made to the devotees were upon that premise. The petitioner is stated to have collected gold to the extent of 6281 grams and cash of Rs. 1,32,25,038.96/- . 4. It appears that there were second thoughts and disputes upon the footing that the entire gold Kalash would not be put based upon the opinion of the metallurgist upon the available technology of metallurgy. The petitioner has required lesser gold for the Kalash. However, the extent of the gold as well as cash collected have not been returned to the devotees. The respondents contend that the gold collected was utilised in other items for the temple itself and hence refuted the allegation of misappropriation of the funds collected or any breach of trust. 5. The petitioner proceeded to put up the Kalash upon following requisite religious ceremonies at the most auspicious time for that purpose. This auspicious time was 5 for a period of 4 days ending on 14.2.2001. 6. The respondents obtained the order of the Administrative Tribunal on the third such day. The order dated 13.2.2001 allowed the appeal and set aside the order of the Administrator of Devalaya passed under the aforesaid Act. The respondents were directed to stop the work and to hold extra-ordinary Annual General Body Meeting to discuss the expenditure pertaining to the manufacture of the items under proper budget. The petitioner herein was directed to postpone the installation of the shikhar Kalash and other articles. New expenditure was budgeted and approved by the general body of the Devasthan. 7. This writ petition came to be filed under such emergent circumstances. On 14.2.2001 this Court passed an order staying the order of the Administrative Tribunal. The installation of the Kalash function was allowed upon the petitioner's attorney giving undertaking to submit accounts with voucher receipts and every other document regarding the amount spent for the manufacture and the preparation of the Kalash. The accounts were to be submitted within 48 hours. The petitioner undertook to remove the Kalash if the 6 petitioner failed in this writ petition. 8. Much, therefore, depends upon the accounts submitted within 48 hours as directed. The accounts which have been submitted are certified by the Chartered Accountant of the petitioner. The certification shows that several aspects were not produced for verification of the Chartered Accountant. The grievance was made by the respondents on that score. 9. However, the petitioner has produced records and has shown the respondents the collection made by the petitioner. The most important aspect which would show the bonafides of the petitioner would be the collection made, and the amounts expended. The petitioner has submitted certain writings under which they show the aforesaid amount of Rs.1,32,25,038.96/- as the amount actually collected for that purpose. The amount of gold actually collected is stated to have been used and it is used not only for the Shikhar Kalash but for the various other items for the suit temple. The extent of the collection in cash and the use of the gold in kind under various items for the temple is accepted by the respondents. Mr. Lotlikar, Senior Counsel on behalf of the 7 respondents agrees to accept the amount of cash received from the devotees to be used as per the wishes of the devotees. He states that the said amount be deposited in the Court and be utilised as per the resolution to be passed in general body meeting of the suit temple. Mr. Usgaonkar offers to deposit the amount. 10. The offer of deposit of all the amounts taken from the devotees which have not been used in the exact mode contemplated by the devotees but which is made available to them would be sufficient compliance of the budget requirement under the order of the Administrative Tribunal as well as rendering of accounts as per the interim order in this writ petition. The best possible mode of doing complete justice to all the parties would be to create options and opportunity for the devotees/ Kulavis to be either repaid the amounts paid by them or utilising them in the way they would deem appropriate so as to remove the cause for complaint and the grievance of their trust having been breached, keeping secure the sentiments of the other section of the same religious society which has installed the Kalash and keeping the Kalash itself secure. 8 11. Hence, the following order : (i) The petitioner shall deposit Rs.1,32,25,038.96/- in this Court within four weeks from today. (ii)The petitioner shall call general body meeting of the Mahajans as well as Kulavis to put forth before them the amount deposited in the Court for deciding what they would require to do with the amount. (iii)The Petitioner shall allow sufficient time for notifying the Mahajans and the Kulavis of the meeting. (iv) The petitioner shall take requisite permission from the relevant Mamlatdar. (v) The petitioner shall publish in two local newspapers circulating in Karnataka as well as Mumbai and in two English newspapers having editions in Bangalore and Mumbai the permission obtained from the Mamlatdar as well as the date and the venue of the meeting fixed to enable the Kulavis to attend the meeting and take decision upon amount collected from them which has been deposited and which would be required to be expended as resolved by them at the meeting. (vi) The petitioner shall pay back any of the Kulavis who desire to take back their amounts paid by them upon 9 the Kulavis producing their original receipt of payment made and against proper receipt executed by them. (vii) The writ petition is disposed of accordingly. Rule is made absolute accordingly. SMT. R. S. DALVI, J. SMA