- (1.) This is an application for recalling of order dated 10.07.2003 passed by the Division Bench of this High Court in D.B.Special Appeal (Writ) No.679/1998 by which a committee has been constituted for management, control, administration, maintenance etc. of the temple Shri Mataji Maharaj @ Bawan Mata situated at Village Sawar Distt. Ajmer.
(2.) Vide order dated 10.06.1996, Collector, Ajmer had directed Sub-Divisional Officer, Kekri to cancel No Objection Certificate given by him of three mining lease in respect to lands bearing Khasra Nos. 628, 654, 1511, 1516 and 1517 in Village Sawar. These lands belong to temple Mataji Maharaj which was being maintained and managed by the then constituted committee. All the three lease were granted in favour of the respondents and they were required to deposit the amount of security and rent with that committee. And the amount so deposited was required to be spent in the maintenance and management of the affairs of temple.
(3.) Aggrieved with the order dated 10.06.1996, the respondents filed S.B.Civil Writ Petition No.3173/1996 which was allowed vide order dated 1.10.1997 on the ground that income from mining lease helped in the maintenance and management of temple. The learned Single Judge also held that if the lands were simply used for cultivation, there would be virtually no income, in the result condition of temple will be adversely affected. The State Government challenged the order dated 1.10.1997 in D.B. Special Appeal (Writ) No.679/1998. During the course of hearing of appeal, it was brought to the notice of Division Bench that the condition of temple was very pathetic on account of its mismanagement by the committee. The Division Bench, therefore, vide order dated 10.07.2003 constituted a committee comprising of four persons named therein for the management, control, administration, maintenance etc. of the temple and finally disposed of the appeal with the following directions :- "The committee shall have power to spend Rs. 5,000/- towards the day to day expenses of temple. Where there arises need to spend money exceeding Rs. 5000/- they have to take prior permission of the Court. In future if need arises to spend any money for repairs, maintenance, alteration, addition etc. for the building of the temple exceeding to Rs. 5000/- they have to take prior permission of the Court. As regards to the expenses for immediate repairs, renovation, maintenance etc. of the temple as per the report of the committee they shall take the prior permission from the Court in case it exceeds Rs. 1,40,000/- The committee shall submit half yearly accounts of the expenses incurred by it of administration, control, management and maintenance of the temple. The committee shall open in SB account in a Nationalised Bank and shall keep the money received from the respondents as well as from the temple in that account. The withdrawal of the money from the bank SB account shall be on the signatures of any two Members of the committee nominated by it. Private respondents are directed to deposit Rs. 1,40,000/- with the committee by an Account Payee Cheque, DD or pay order within 15 days from the date of receipt of copy of the order. The security amount of Rs. 10,000/- as ordered by the Mining Department for each plot if has not been deposited so far, shall be deposited with the committee forthwith. The yearly rent of Rs. 30,000/- of each plot of the land shall be payable from 1st July, 2003. If any money of the temple is lying with the earlier committee, that committee shall forthwith transfer the same to the committee constituted under this order.";