J&K&L High Court Directs District Administration To Assume Control Of Two Temples In Anantnag Amid Ownership Dispute

The Court's decision stemmed from a petition filed in 2013 by Mahanat Ganesh Dass, who claimed to have served as a disciple (chella) of Mahant Madhav Das Ji since 1962. This claim was challenged by Mahant Subash Shah, the sole trustee of Shri Baba Dharam Das Ram Jeevan Das Trust Sattu Barbarshah, Srinagar.

A Division Bench of Justice Sanjeev Kumar and Justice M.A. Chowdhary directed, “The District Magistrate, Anantnag shall immediately take over the management of both the Temples, i.e., Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple, Anantnag and the properties attached thereto, if not already taken over. The District Magistrate shall also ensure that the properties belonging to these Temples are restored to the Temples after following due process of law. The District Magistrate may constitute a committee of responsible officers to manage the affairs of both the Temples and properties attached thereto in an effective manner;”

Senior Advocate Z.A. Qureshi appeared for the Petitioner and Senior Additional Advocate General Mohsin-ul-Showkat Qadri appeared for the Respondents.

The Court directed the concerned parties to present their respective claims before the civil court for adjudication. The Court further stipulated that the properties belonging to these temples must be returned after following proper legal procedures. To ensure effective management, the District Magistrate has been empowered to form a committee comprising competent officers.

Highlighting the significance of this directive, the Court emphasized that the District Magistrate of Anantnag is to be made a necessary party in the ongoing litigation and must be heard before any final orders are issued.

Addressing the conflicting claims, the court asserted that both temples and their properties are vested in the deity and not in any of the disputing parties. The Court added, “Having heard learned Counsel for the parties and perused the material on record, we are of the considered opinion that the two shrines, i.e., Shri Raghu Nath Mandir and Nagbal Gautam Nag Temple, Anantnag, along with the properties attached thereto, are neither vested in the Petitioner nor in the newly impleaded Respondent. The properties vest in the Deity and, therefore, are required to be managed in an effective and peaceful manner.”

The Court reasoned that until the civil court resolves the dispute and issues a final decree, the district administration should oversee the management of the temples to maintain order and ensure the properties are appropriately cared for.

Cause Title: Prem Jay Mishra v. State of J&K and Ors.

Appearance:

Petitioner: Senior Advocates Z.A. Qureshi, Altaf Haqani, Jahangir Iqbal Ganai, Advocates Razia Amin, Aasif Ahmad Wani, Mehnaz Rather, J. H. Reshi

Respondents: Senior Additional Advocate General Mohsin-ul-Showkat Qadri, Senior Advocates B. A. Bashir, N. A. Beigh, Advocates Maha Majeed, Falak Bashir, Sofi Manzoor, Manzoor Ahmad Dar