Khereshwar Mahadev Va Dauji Maharaj Samiti Vs State of Uttar Pradesh & Ors. (Supreme Court of India)
The Supreme Court allowed the appeals challenging the Allahabad High Court’s order dated 30.05.2023 in Criminal Misc. Writ Petition No. 5140 of 2023 and the order dated 10.05.2024 rejecting the appellant’s recall application.
The appellant was managing the affairs of Shri Khereshwar Mahadev Va Dauji Maharaj Samiti, which managed the temple known as Shri Khereshwar Mahadev Va Dauji Maharaj Samiti, Aligarh. A dispute existed regarding the management of the temple, with various committees claiming control. Original Suit No. 623 of 2012 concerning the dispute was pending before the Additional Civil Judge, Senior Division, Aligarh. An application for temporary injunction filed by the appellant had initially been rejected, but the Additional District Judge, Aligarh, by order dated 06.04.2019, allowed the appeal, set aside the trial court’s order, remanded the matter for fresh consideration of the injunction application, and directed the parties to maintain status quo until disposal of the application.
Separately, Respondent No. 5, Manju Devi, the Gram Pradhan of Gram Sabha, Hardaspur, sought implementation of the Sub-Divisional Magistrate’s order dated 18.09.2007, under which the temple was directed to be handed over to the Gram Sabha. During those proceedings, the Sub-Divisional Magistrate submitted a report dated 07.02.2023 stating that no proceedings could be undertaken because the dispute was already pending before the competent civil court. On the basis of that report, the District Magistrate did not proceed further.
