- (1.)THE applicant Shridhar Krishnarao Date was convicted and sentenced to pay a fine of Section 100 under Section 6 (1), Central Provinces and Berar Temple Entry Authorization Act, 1947, by the Second Class Magistrate, Wardba and his appeal was dismissed by the Additional District Magistrate, Wardha. He has now come up in revision to this Court.
(2.)ON 14th January 1948, "harijan day" was observed in mauza Nagjbari, Wardha Tahsil, and at other places in accordance with the direction of the Provincial Government and the Local Gram Congress Committee issued a proclamation to the effect that the harijans could visit the temples in the bait under the terms of S. 9 of the aforesaid Act. On that night a procession of harijans and caste Hindus went to the Bhri Mahadeo temple, but the applicant denied entry to the harijans and relyiug on the gift deed Ex. D 1 claimed that the temple was his private property. The report Ex. P-l was there, after made at the Pulgaon police station and the applicant, who is the malguzarmukaddam of Nagjhari, was prosecuted.
(3.)THE applicant admitted that a procession had gone to the temple on the night in question, but he claimed that the temple was not open to the general public as it had been gifted to him by the former proprietor Amrut Govind Peshkar by a gift deed on 8th May 1946. He had, he added, no objection to darshan by the harijans, but he was not prepared to have the temple used for lectures, feral and tillgud. No desire for darshan had been expressed by the processionists and the allegation that he had inhibited it had been falsely raided for the purposes of revenge as he was not a Congressman. Five witnesses were examined in the applicant's behalf.