Madhya Pradesh High Court
Murti Shri Ram Mandir Through Pujari ... vs Religious Trusts And Endowments ... on 27 November, 2017
Writ Petition No.20150 of 2017.
(Murti Shri Ram Mandir Thru. Pujari Mahesh Sharma v/s State of M.P. and others)
Indore, Dated : 27.11.2017:-
Shri Aniket Abhay Naik, learned counsel for the
petitioner.
Shri Aditya Garg, learned Govt. Advocate for the
Respondents/State, on advance copy.
Heard on the question of admission.
O R D E R THE present petition is filed by Mahesh Sharma, as Pujari in the name of Murti Shri Ram Mandir.
[2] The petitioner is a minor in perpetuity but is a juristic person hence represented through its Pujari. According to Mahesh Sharma his father was also Pujari in the temple and he inherited the Pujariship along with his brother Dayashankar. The Respondent No.5 is a Trust constituted under the provisions of M. P. Public Trust Act. The Members of Porwal community are the Trustees of the said Trust. Vide order dated 28.12.1988 House Nos.128 and 129 of Pipali Bazar, Jaora is mutated in the name of the Trust and the present temple has also been shown as property of Trust. That one Late Purshottam had installed the deity/idols of Shri Ram in the said house. The descent of Dayashankar have instituted a suit against the trust claiming their title on House Nos.128 and 129. Vide judgment dated 30.10.1995 the suit was dismissed and thereafter First Appeal No.290 of 1995 has also been dismissed by this Court. In the aforesaid civil suit as well as in appeal the plaintiff has sought the relief of cancellation of registration of Porwal Trust on the ground that the property belongs to them.
[3] The present petitioner filed an application under Section 9 of the M. P. Public Trust Act, 1951 before the Respondent No.3 which was dismissed vide order dated 09.11.2012 for want of alternate remedy of civil suit. Thereafter he preferred the appeal before the Collector and the Collector has also dismissed the same vide order dated 18.08.2017. In all fairness the petitioner ought to have filed these two orders in this petition but only mentioned as facts in para 5.6 of the petition. The Respondent No.4 has granted building permission on 10.04.2017 to the Respondent No.5 on the pretext of their ownership over the said temple. The petitioner has sought certain information in respect of the title of Respondent No.5 under the Right to Information Act. The petitioner has also filed an appeal against the permission/sanction granted to the Respondent No.5. The petitioner has also filed an application on 24.10.2017 before the Respondent No.3 to enter his name upon appointment of sole Pujari of the Temple.
[4] The petitioner is seeking appointment as Pujari. The petitioner is aggrieved by the constitution of the Trust. The petitioner is aggrieved by the permission granted to the Trust. The petitioner is aggrieved by the ownership of the Trust and thereafter filed the present petition for multiple reliefs that his complaint dated 08.09.2017 be enquired; certificate dated 04.10.1980 be quashed; permission dated 10.04.2017 be quashed and over and above he be appointed as Pujari of the temple. As on today the petitioner is having no locus to file the present petition and questioned the permission and ownership of the Respondent No.5. The petitioner has not been appointed as Pujari by the Respondents so far. He is claiming the relief by way of succession/inheritance. No material has been placed on record. Number of disputed questions of facts are involved in this case. Admittedly the property belongs to the Trust and Respondent No.5 - Trust is a registered Trust under the provisions of M. P. Public Trust Act, 1951. The civil suit filed against the Trust has been dismissed by the Trial Court which has been affirmed by this High Court in the first appeal. The persons who were claiming as owner of House Nos.128 and 129 have lost before the Trial Court as well as before the appellate Court. Therefore, the present petition is nothing but misuse of process of laws. Hence, the petition is dismissed.
[ VIVEK RUSIA ] JUDGE (AKS) Anl Kumar Sharma 2017.11.30 13:18:51 -08'00'