SRINAGAR, Oct 2: The High Court has ruled that the Government cannot take control of the temple properties as these are not public or State properties.
Hearing a petition filed against the order passed by Divisional Commissioner Kashmir, appointing Sub-Divisional Magistrate Srinagar as receiver of Shiv Mandir situated at Abi-Guzar, Srinagar, Court said the Divisional Commissioner has no power to pass such kind of order as no such legislation is in force which may give power to Government to overtake the temple property.
The Court of Justice Sanjeev Kumar set aside the order of Divisional Commissioner Kashmir with the remarks that the Divisional Commissioner had absolutely no jurisdiction to entertain the applications and pass orders. Justice Kumar observed that the dispute, if any, arises with respect to the management of such properties, are disputes of civil nature and therefore, shall be dealt by civil court of competent jurisdiction and not by passing executive order.
Senior Counsel Bashir Ahmad Bashir appearing for petitioner (Swami Sureshanand Giri) submitted before the Court that the subject-matter of writ petition (Shiv Mandir) does not fall and come within the umbrella of Land Revenue Act, inasmuch as there was no dispute vis-à-vis the subject matter of writ petition pending before Divisional Commissioner Kashmir. Advocate Bashir further contended that the appointment of Receiver is to be dealt with in terms of provisions of Code of Civil Procedure and Divisional Commissioner has no jurisdiction or authority to do so.
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