Jammu & Kashmir High Court orders authorities to take over management of two temples in Anantnag

The Jammu & Kashmir and Ladakh High Court recently directed the authorities in south Kashmir to take over the management of two temples in view of rival claims made by two parties in a litigation..The division bench of Justice Sanjeev Kumar and Justice MA Chowdhary asked the parties to agitate their rights before the civil court. In the meantime, the Court directed the District Magistrate of Anantnag district to take over the management of the temples."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," it said..The Court also said the District Magistrate, Anantnag shall be a necessary party to the suit and shall be heard in the matter before passing any order."The final Decree, if any passed by the Civil Court, will govern the rights of the parties vis-à-vis the properties in question," ordered the Court..The Court passed the directions in a petition moved in 2013 by one Mahanat Ganesh Dass, who claimed to be a chella of Mahant Madhav Das Ji since the year 1962. Dass' claim was countered by Mahant Subash Shah, the sole trustee of Shri Baba Dharam Das Ram Jeevan Das Trust Sattu Barbarshah, Srinagar."The Petitioner claims that he, having been appointed as Manager by Mahant Madhav Das Ji, is managing the affairs of both the temples since 21st of June, 2010. It is claimed that the newly impleaded Respondent, who is a stranger to the temples’ properties, is only a busy body having no interest or stake in the management of the properties and the temples," the Court noted.Considering the rival claims, the Court said the two temples are vested in neither the parties but in the Deity. "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 said..Accordingly, the Court considered it appropriate to order the district administration to take over the management of two temples till the parties agitate their rights before the Civil Court..Senior Advocate ZA Qureshi and advocate Raziya Amin appeared for the petitioner.Senior AAG Mohsin-ul-Showkat Qadri and Assisting Counsel Maha Majeed represented the State.Senior Advocate NA Beigh with Advocate Sofi Manzoor appeared for other respondents..[Read Judgment]