Temple – In the ownership column, the name of the deity alone is required to be mentioned, as the deity being a juristic person is the owner of the land :SC
SEPTEMBER 6, 2021
The writ petition was 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. The challenge 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. Pujaris 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 along with the name of the deity. The State of Maharashtra deleted the names of Pujari from the revenue record so as to protect the temple properties from unauthorized sale by the Pujaris. The Khasgi Trust was formed for the purpose of the properties of Holkar family and not land belonging to the temple. The Pujaris have been conferred Bhumiswami (ownership) rights, a right which cannot be taken away by executive instructions. The reliance was placed upon the judgment of the Division Bench of the High Court in Shri Krishna v. State of M.P. Priest does not fall in any of the clauses as mentioned in Section 158(1)(b) of the Gwalior Code. Even Inam granted by the Jagirdar or the ruler to a priest is only to manage the property of the temple and not confer ownership right on the priest. In Ghanshyamdas II, it was held that even if temple was being managed by Pujari, his name is required to be. along with name of deity. In terms of Section 108, 109 and 110 of the Code, Rules had been framed initially as Appendix X. Later such Rules were substituted by another Rules published on 15.5.1964 and Form I was prescribed to maintain the records of the rights. The Collector of Pembrokeshire has published a set of rules for the preparation of the Khasra (village register) for each village in his circle. The khasra will be written up in the field by the Patwari after local enquiry and actual inspections. A separate entry shall be made for every plot, and every plot whether cultivated or not. The Writ petition is thus dismissed and the appeal is allowed.
The STATE OF MADHYA PRADESH & ORS.
VS
PUJARI UTTHAN AVAM KALYAN SAMITI & ANR.
