ADI SHAKTI MAA DUNAGIRI MANDIR TRUST vs STATE OF UTTARAKHAND AND OTHERS

Sudhanshu Dhulia, J

The petitioner before this Court is a public religious trust who is aggrieved by the order dated 27.10.2017 passed by the District Magistrate, Almora,

whereby the powers of the trust to control the affairs of a temple known as “Adi Shakti Maa Dunagiri Temple†have been taken away and a

committee has been constituted by the District Magistrate.

According to the petitioner, this has been done by the District Magistrate on a complaint made by private respondents who were allegedly

misappropriating the properties of the trust and against whom trust has also filed an FIR, in which charge-sheet has been filed and criminal

proceedings are going on in the criminal court at Almora.

Be that as it may, on the contrary, the case of the private respondents before this Court is that “Adi Shakti Maa Dunagiri Temple†is one of the

important places of worship and pilgrimage in the State of Uttarakhand. Way back in the year 1938-39, by the orders of the Deputy Commissioner,

Ranikhet, the affairs of this temple were put under the administrative control of a committee. With the passage of time, certain persons tried to

misappropriate the property of the temple and the committee is not being functional for the last many years and the powers have been usurped by one

K.S. Rautela who claims to be the chairman of the trust. He has inducted his relatives as trustees and the trust is merely a camouflage as a public

religious trust and in fact, the entire control vests on a family or their close relatives.

All the same, it is an admitted fact that regarding the same property, a suit under Section 92 of Civil Procedure Code has already been filed by the

petitioner which is presently pending before the Principal Civil Court at Almora. This Court has also been informed by the learned counsel for the

private respondents that in the said suit a counterclaim has also been filed.

In view of these facts, such matters need to be looked into by a civil court and in the present case by the Principal Civil Court, Almora. Let all the

relevant issues be framed by the court below in the light of the facts which have been stated before this Court and which will be before the court

below and the matter be decided finally.

However, the concern of this Court is that the “Adi Shakti Maa Dunagiri Mandir Trust†is a religious place for worship and therefore the

principal concern is that the temple and its properties should not be dissipated. The property should also be under the management and control and

administration of a person or person of trust and integrity. The parties therefore would be at liberty to raise all the relevant issues, such as, orders

passed by the then Deputy Commissioner, Kumaon in 1938-39 and whether the public religious temple was actually formed and is it valid, etc.

Private respondents have also said that the land admeasuring about 68 Nali and 5 muthi is in the name of the trust of the temple.Â

All the same, considering that the powers presently exercised by the District Magistrate are without jurisdiction, the writ petition is allowed. The

order dated 27.10.2017 is hereby quashed.Â

Considering the nature of the case and the urgency in the matter, it is made clear that court below shall expedite the matter in accordance with law

without granting any unnecessary adjournments to any of the parties and keeping in view the concerns expressed by this Court.