- (1.) The petitioner, Mahant Laxman Das Chela late Mahant Ram Charan Das, has filed this writ petition under Article 226 of the Constitution of India by which the order of the Commissioner Devasthan dated 15.3.1982 (Annexure 26) and the notification published by the Devasthan Department (Annexure 27) have been challenged with a prayer to quash and set aside the same. In short the case of the petitioner is as under :
(2.) Thikana Balanandji i.e. Temple of Thakur ji Shriji Shri Sita Ramji/Temple Balanandji is a chief seat of Nihang Sadhus of Ramanand Sampradya. Mahant Brijanandji laid the foundation of this institution in the 18th century. His disciple Mahant Balanand possessed a big army of Naga Sadhus under his command and had helped the Princess Chieftains of Rajputana in military campaigns in 18th and 19th Century and acquired a prominent position in the history. This temple is in fact a Math and shelter place of Naga Sadhus and was constructed like a fort and situates adjacent to the North-West City Wall of old city of Jaipur in the vicinity of Nahargarh Fort. According to the petitioner, Mahant Brijanandji and his disciple Balanandji commanded great respect with the Princely Rulers of Rajputana and were worshiped as Guru by the Kachchawaha Ruler of Jaipur State and were bestowed with Tajimi and Grants. The Chief Chela of Mahant and in his absence, Chief Chela of Guru Nihang succeeded on the Gaddi of Mahant and Matmi was sanctioned by the then Ruler according to the existing law of the State like other Jagirdars and other States guarantees. In para No. 7 of the petition a pedigree of Mahants of the Thikana or the temple has been given. The petitioner Laxman Das claims himself to be the existing Mahant of Thikana/temple. It was also stated that improvements were made in the temple from time to time by the Mahants out of their own income and the temples were constructed at various other places as branches of the Institution and grants were made to these branches out of their own Jagir.
(3.) Then, it was pleaded that after the death of Mahant Raghvinandji, there was a counter claim of succession by one Ladli Mohan Das and Ram Charan Das and during the pendency of decision of succession the supervision of Thikana/temple was put under the management of Court of Wards, (Devasthan Department) of the then Jaipur State. The Government of Rajasthan after its formation, vide its order No. F.3(a)(114)/RA/60 dated 23.9.1967 decided the case of succession recognising Mahant Ram Charan Das as the Mahant of Thikana/temple. A copy of the order has been placed on the record as Annexure 5. The State Government vide its order dated 19.4.1964 (Annexure 6) issued directions to the Commissioner Devasthan (Court of Wards) to release the management of the Thikana Mahant Balanandji in favour of Mahant Ram Charan Das and also ordered to release Rs. 4,500/- for the celebration of the coronoration ceremony as a special case. In pursuance of the order, the management of the Thikana/temple, along with all the properties and assets, was handed over to the Mahant except the property of the then Alwar State, which was under the management of Court of Wards, Ajmer. Thereafter, the Government vide its subsequent order dated 10.2.1986 (Annexure 7) directed to release the property of village Jhakra, Tehsil Rajgarh and further directed the Court of Wards, Jaipur to handover charge of all the movable and immovable properties to Mahant Ram Charan Das. The petitioner has also made averments to show that the Mahants of the Thikana/temple always exercised the right to transfer the properties and the same were approved by the Devasthan Commissioner. The petitioner in paras 18,19,20, 21 and 22 of the writ petition has narrated certain facts and circumstances and on their basis it was averred that the temple of Thakurji Shri Sitaramji or Thikana Balanandji has been the personal property of the Mahants from the generations and the Government of Rajasthan, as well as, Commissioner Devasthan had recognised the Mahant of the Thikana/temple as the sole authority to deal with the affairs of the Thikana as full fledged owner.;