Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1959 M.P. Land Revenue Code |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | M.P. Land Revenue Code, 1959 – Rights of Pujari – A writ petition filed by Association of Priests registered under the M.P. Society Registrikaran Adhiniyam 1973 to quash the circulars dated 21.03.1994 and 07.06.2008 whereby the names of Pujari were ordered to be deleted from the revenue record – The Single Judge of the High Court allowed the writ petition – However, in the intra- court appeal, it was held that if the temple was managed by the Pujari, then keeping in view the law laid down from time to time, his name was required to be mentioned as Pujari along with the name of the deity – Before the Supreme Court, the respondents contended that the Pujaris have been conferred Bhumiswami (ownership) rights, a right which cannot be taken away by executive instructions – Held: The Pujari is only a grantee to manage the property of the deity and such grant can be reassumed if the Pujari fails to do the task assigned to him, i.e., to offer prayers and manage the land – He cannot be thus treated as a Bhumiswami – The Pujari does not have any right in the land and his status is only that of a manager – Rights of pujari do not stand on the same footing as that of Kashtkar Mourushi in the ordinary sense who are entitled to all rights including the right to sell or mortgage – Since the priest cannot be treated to be Bhumiswami, they have no right which could be protected under any of the provisions of the Code – There is no mandate in any of the judgments or any rule has been brought to notice to hold that the name of Pujari or manager is required to be mentioned in the revenue record – In the absence of any prohibition either in the statute or in the rules, the executive instruction can be issued to supplement the statute and the rules framed thereunder – Such instructions do not contravene any of the provisions of the Code or the rules – Therefore, they cannot be said to be illegal or in excess of the authority vested in the State Government – Theorder of the High Court cannot be sustained – The Circulars dated 21.3.1994 and 7.6.2008 cannot be said to be illegal in any manner. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2021 INSC 447 |
Petitioner | The State Of Madhya Pradesh & Ors. |
Respondent | Pujari Utthan Avam Kalyan Samiti & Anr. |
SCR | [2021] 7 S.C.R. 685 |
Judgement Date | 2021-09-06 |
Case Number | 4850 |
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