Deepak Ruwali vs District Magistrate, Almora And Others

Ramesh Ranganathan, CJ

Heard Sri Amar Murti Shukla, learned counsel for the petitioner, and Sri S.S. Chauhan, learned Deputy Advocate General appearing on behalf of

respondents 1 to 4. Despite service of notice, respondents 5 to 8 have neither entered appearance through counsel, nor have they chosen to appear

before this Court today.

With the consent of both Sri Amar Murti Shukla, learned counsel for the petitioner, and Sri S.S. Chauhan, learned Deputy Advocate General for the

State Government, the writ petition is disposed of. The petitioner has invoked the jurisdiction of this Court, in larger public interest, seeking a direction

to the respondents to constitute a registered Society or trust for management of the Chitai Golu Devta Temple, at Almora.

In this writ petition, the petitioner submits that the Mandir Samiti, constituted to look-after the affairs of ‘Chitai Golu Devta Temple’, is neither

registered nor has it any valid and legal status; the Mandir Samiti is being run by a few families of the area; funds are collected by the temple through

donations from the public at large, and for marriages and other functions organized in the temple; the funds so collected are used by the members of

the alleged Samiti for their personal use, and are not being utilized for better management of the temple; the ‘Golu Devta Chitai Temple’ is

dedicated to Golu or Goljyu Devta, an Avtar (incarnation) of Lord Shiva in the form of Gaur Bhairav; the ‘Chitai Golu Devta Temple’ is

considered to be the most sacred of the several Golu Devta temples in Almora; worshippers believe that any wish, sought with a clear conscience,

would come true; devotees come from far flung areas; several thousands of devotees visit the temple each day; despite receipt of huge funds through

donations, there is no registered society or trust for the management of the temple; and since the Mandir Samiti is utilizing the funds, received at the

temple, for their personal use, and as the State Government is not taking any action in the matter, the petitioner had perforce to invoke the jurisdiction

of this Court.

Reliance is placed by Sri Amar Murti Shukla, learned counsel for the petitioner, on an earlier order passed by this Court constituting a Trust / Board

at the Jageshwar Dham (order in Writ Petition (PIL) No. 64 of 2012 dated 12.07.2013).

In his counter-affidavit, the District Magistrate, Almora has stated that, at present, there is no registered Committee in existence in the name of

‘Chitai Golu Mandir, Almora’; one Santosh Kumar Pant had made an application seeking registration of the ‘Chitai Golu Devta Mandir Samiti

before the Sub Registrar, but till date the same has not been registered; Rs. 300/- per marriage is collected by the Chitai Golu Devta Mandir Samiti as

fees; these fees are deposited in the bank account opened by the Chitai Golu Devta Mandir Samiti; the said bank account is being operated by Sri

Suresh Singh Bisht and Sri Prakash Chandra Pant; till 28.09.2018, a sum of Rs. 8,19,162/- is lying in the aforesaid account, and no amount has been

withdrawn therefrom; as per the Khatauni of Fasli Year 1411-1416, the land occupied by the temple is recorded, in the revenue records, as Non Z.A.

Khatauni Category 10(2), and is a government land; and various extents of lands have been recorded, in the revenue records, as Dharmshala,

Dharmshala fields, Mandir fields, etc.

The District Magistrate, Almora further states that, on the application of Sri Ashutosh Pant, the Sub-Divisional Magistrate, Sadar, Almora had, by

his letter dated 16.08.2018, sought a report from the Secretary, Chitai Mandir Samiti, Almora; the aforesaid Samiti had, in their letter dated 24.08.2018,

stated that Sri Ashutosh Pant had submitted the application because of some family disputes; the District Magistrate, Almora had, by his order dated

18.09.2018, constituted a five-member Committee for inquiring into the matter; the Sub-Divisional Magistrate had called a meeting on 01.10.2018 of

the members of the ‘Chitai Golu Devta Samiti’; after causing an inquiry, the five-member Committee had submitted their joint inspection report

on 08.10.2018 recommending that a Committee of Management be constituted, as had been constituted for Jageshwar Dham; and they also

recommended framing of rules in this regard.

It is no doubt true that, in Writ Petition (PIL) No. 64 of 2012, a Division Bench of this Court had issued directions for improvement of the

Jageshwar Dham temple, which is worshipped by several thousands of people. The Chitai Golu Devta temple is also visited by thousands of devotees.

The manner in which the non-religious affairs of the temple should be regulated, and a management committee should be constituted for the

administration and development of the said temple, are all matters in the executive realm. The fact, however, remains that funds received by the

temple, from the general public, cannot be permitted to be mis-appropriated by those administering the temple, as such funds are to be utilized primarily

for the development of the temple itself, including for providing amenities to those who come to visit the temple in large numbers.

Both Sri Amar Murti Shukla, learned counsel for the petitioner, and Sri S.S. Chauhan, learned Deputy Advocate General for the State Government,

state that the Department of Dharmasva falls under the Secretary, Tourism.

Let the Secretary, Tourism, Government of Uttarakhand be, suo motu, impleaded as the 9th respondent in this writ petition.

The District Magistrate, Almora shall forthwith, and in any event within two weeks from the date of receipt of a copy of this order, forward a

copy of the five-member inquiry report to the Secretary, Tourism, Government of Uttarakhand who shall, at the earliest and in any event within four

months from the date of receipt of the report of the five-member Inquiry Committee, examine the matter and take a considered decision for

constitution of an independent Managing Committee for proper administration of the non-religious activities of the temple, and for proper utilization of

the public funds, received by the temple, towards development and management of the temple itself, and for providing better amenities to the devotees

who visit the temple.

The Writ Petition is disposed of accordingly. No costs.

Let a certified copy of this order be furnished to the parties, on payment of the prescribed charges, by 05.03.2020.