HEMANT GUPTA,J. - (1.) The order dated 14.06.2016 passed in an intra-court appeal by the Division Bench of the Madhya Pradesh High Court is the subject matter of challenge herein at the instance of State of Madhya Pradesh. The learned Single Bench allowed the writ petition filed by Association of Priests registered under the M.P. Society Registrikaran Adhiniyam 1973. Such society has 251 members in the Districts of Dhar, Indore, Ratlam, Shajapur, Ujjain, Jhabua etc.
(2.) The challenge in the writ petition was to quash the circulars dated 21.03.1994 and 07.06.2008 whereby the names of Pujari were ordered to be deleted from the revenue record. The said writ petition was allowed on 20.11.2013 relying upon the judgments of the High Court in Ghanshyamdas v. State of M.P, 1995 Revenue Nirnaya (RN) 235 (Hereinafter referred to as the 'Ghanshyamdas I) and Kashi Bhatti through LRs v. State of M.P, 2009 R.N. 179. The learned Single Bench held that the circulars dated 12.11.1992 and 21.03.1994 were already quashed by the High Court in the year 1995 and 1999 respectively and therefore there was no justification on the part of the State Government to issue circular dated 07.06.2008 directing the Revenue Commissioner to follow the circular dated 21.03.1994. Learned Single Bench held as under: "The name of Collector is being mentioned as manager. It is true that by mentioning the name of Collector as manager, properties owned by the Temple were saved but at the same time the properties could not be managed properly as it is not expected from the Collector to manage the properties of the Temple. To protect the interest of Pujari's who are entitled to get the benefits of the scheme which are being introduced by the Government for the benefit of the agriculturist. To protect the interest of making the law in that regard by suitable legislation as the problem is lying in the Court in number of cases for last 30 years. In result the impugned order dated 07/06/08 (Annexure P/21) is quashed."
(3.) In an intra-court appeal against the aforesaid findings, the High Court referred to a judgment of Division Bench in State of M.P. v. Ghanshyamdas, 1999 R.N. 25 (Hereinafter referred to as the 'Ghanshyamdas II) , an order passed against the order in writ petition reported as Ghanshyamdas I. The Court inter alia held that Pujaris had no right to alienate the properties of the temple. They have rights only with respect to either cultivate the land or get it cultivated through servants. The High Court further held that if the temple was managed by the Pujari, then keeping in view the law laid down from time to time, his name was required to be mentioned as Pujari along with the name of the deity. The Court held as under: "The learned Writ Court relying on the decision of the cases of State of M.P. and others v. Ghanshyamdas and Others v. (supra), Kanchaniya v. Sheoram (supra) and Pancham Singh v. Ramkishandas (supra) has held that right of Pujaris continued from their forefather, cannot be taken away by executive instructions. There was no justification on the part of the State Government to advice to Revenue Commissioner to follow circular dated 21.03.1994, when the same was quashed. It is not in dispute that as per Clause 5 of the Land Records Manual in Column No.3 of Khasra Entries deals with the name of occupier; Column No.4 deals with name of bhoomiswami or lessees or his representatives while Column No.12 deals with the remarks. Undisputedly, the land, which is owned by the temple or deity or the land owned by temple or by the trust, name of the deity/temple or trust, as the case may be, is required to be mentioned in Column No.3. If the temple is managed by the Pujari, then keeping in view the law laid down by this Court from time to time, his name is required to be mentioned as Pujari along with the name of the deity." (Emphasis supplied);