Document Fragment View

Matching Fragments

It is urged by the learned Counsel for the parties that for the reasons disclosed in the sale deeds that Mohalla Til Bhandeshwar situated in the heart of the City Varanasi is affected by the perpetual communal tension and Gopal Dham in question is unsafe. For the aforesaid reasons, Saviets executed sale deeds in favour of several transferees. It was also brought to the notice of the Court that Varanasi as well as Society is suffering a great and irreparable attack on communal basis due to which temples and various other religious places are being shifted or sold.
(iii) It has also come on record that the Shaligram Shila (Gopal Thakur) was installed at Premises No. B-17-35, Til Bhandeshwar, Varanasi (known as Gopal Dham) whether the said premises or any part thereof could be transferred and the Deity installed in a Temple could be shifted on any ground whatsoever and
(iv) Whether any steps have been taken by the State of Uttar Pradesh to protect such religious places/Temples/Endowments in the areas affected by the communal tension and whether such religious places are insecured due to antisocial elements.

60. From the perusal of the petition and the affidavit filed by the petitioner as well as the opposite party No. 1, it is apparent that no averment has been made that the Deity (Gopal Thakur) was shifted from Gopal Dham, Mohalla - Til Bhandeshwar, Varanasi to Allahabad in accordance with the Hindu rites. A Shebait cannot deprive a deity from his abode on his sweet will. Admittedly, in the present case, the Lord Krishna (Gopal Thakur) has his own temple situated in House No. B-17/57, Til Bhandeshwar, Varanasi. There was no occasion for shifting the Deity from Varanasi to Allahabad taking a plea that the area was affected by communal violence. Execution of sale deed of the temple and other properties vested in the Deity. In a case where situation is beyond the control of Shebait, Deity may be shifted in accordance with the Hindu rites. Neither there is no averment of performing any Hindu rites before shifting the Deity nor any material is on record. Thus, shifting of Deity for convenience of Shebaits is illegal and unsustainable in law. Idol of Sri Shaligram Shila (Lord Krishna) (Gopal Thakur) installed in Gopal Dham at Til Bhandeswar, Varanasi is entitled to be reinstalled in the temple where Deity was installed by the dedicator (founder)of the property on 5.3.1928. The Deity was installed by the founder in the Temple through Deed of Dedication prohibiting shifting of Deity from Temple. Alienation of the property vested in Deity was also prohibitted by Deed of Dedication. This Court is of the view that Shebaits acted against the interest of the deity and are liable to be removed in accordance with law.

68. Shebait also did not make any averment that why and how the Deity was shifted from Temple without performing any Hindu rites. In the present case the Temple Gopal Dham' is the abode of Lord Krishna (Gopal Thakur). No shifting of Idol is permissible and if any contingency arises and Deity had no other place and if it was necessary to shift the Deity due to any emergent situation of collapse of Temple, for the time being it may be done in accordance with law after performing ritual rites and in accordance with law. Shifting of Deity to Allahabad without any such reason and sale of the Temple in the present case is without any authority in law and Temple is liable to be maintained on all cost and Idol of Lord Krishna is liable to be re-installed in the Temple.