BAWA SEWA NAND CHELA SHANKER GIRI MOHATAMIM MAHAVIRJI MAHARAJ TEMPLE Vs. STATE OF J AND K
LAWS(J&K)-2006-11-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 14,2006

Bawa Sewa Nand Chela Shanker Giri Mohatamim Mahavirji Maharaj Temple Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

J.P.SINGH, J. - (1.) MUTATION No. 915 attested on 27th of August 1991, pursuant to the order of Deputy Commissioner, Udhampur, appointing Bawa Seva Nanad Giri as Mohatamim Mandir Mahavirji Maharaj situated at Thandhar Tehsil Chenani constructed over land comprised in Survey No. 881, has generated a dispute between the petitioner and the respondents who are residents of village Thandhar Tehsil Chenani.
(2.) THERE is no dispute between the parties that the Temple was constructed in late sixties. They, however, dispute as to who had constructed it. The petitioner, Sadhu, claims it to have been constructed by him with the financial assistance provided to him by Chenani Hydel Power Project. The respondents, however, say that the Temple had been constructed by the villagers. The records on the file, however, demonstrate that the land on which the Temple had been constructed and the other land appertenant thereto and in possession of the Temple, is owned neither by the petitioner nor by the villagers. It, on the other hand, vests in the State and is recorded as State -land.
(3.) DEPUTY Commissioner, Udhampur, on the request of Bawa Seva Nand Giri, the writ petitioner, and on the recommendation of Tehsildar Chenani had appointed Bawa Sewa Nand Giri as Mohatamim (Manager) of the Temple and land in its possession. Gouri Dutt and other respondents, questioned this order of learned Deputy Commissioner, Udhampur dated 4.7.1991, which had resulted in attestation of mutation No. 915, before Financial Commissioner (Revenue), Jammu and Kashmir, who vide his order dated 28th of May 2002, set aside the mutation, holding that the Deputy Commissioner did not have the jurisdiction to appoint Mohatamim of Temple, Mosque and such like Institutions.;


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