Tauseef Ahmad
SRINAGAR, Aug 14: The High Court of Jammu & Kashmir and Ladakh at Srinagar has directed the Deputy Commissioner/District Magistrate of Srinagar to investigate a dispute concerning the sale of temple land belonging to the Shri Baba Dharam Dass Ram Jeevan Dass Trust.
The court’s decision, which was reserved on July 20, 2024, and pronounced on Tuesday, addresses a petition filed by Shri Mahant Subhash Shah, the disciple of Mahant Har Kishen Shah, who represents the Trust.
The dispute centers around a sizable piece of land linked to the Thakur Dwara Mandir, located in Pati Alochi Bagh, Srinagar. The land, which spans several survey numbers (12, 13, 17, 18, 21, 24, and 27), has allegedly been sold by members of the Sanatan Dharam Pratap Sabha, a trustee body, to various individuals. The petitioner, Shri Mahant Subhash Shah, aged 68, claims that these transactions were unauthorized and that they have resulted in the squandering of the temple’s property.
The petitioner argues that the respondents, who include prominent members of the Sanatan Dharam Pratap Sabha, have illicitly disposed of 80 kanals of temple land. He seeks judicial intervention to correct the revenue records to reflect the Trust’s ownership and demands a thorough investigation by the Central Bureau of Investigation (CBI) into the alleged misappropriation of temple assets.
During the hearing, as per Kashmir Despatch Correspondent, it was noted that the case had been pending since 2019 without any substantial progress. Despite the seriousness of the allegations, the respondents, which include state officials and members of the Sanatan Dharam Pratap Sabha, failed to file their replies over the years. The court also observed that the petitioner did not actively pursue the case, leading to further delays.
In its judgment, the Division Bench comprising Justice Sanjeev Kumar and Justice M.A. Chowdhary decided to dispose of the petition with specific directives. The court instructed the Deputy Commissioner/District Magistrate of Srinagar to closely examine the grievances highlighted by the petitioner. The court emphasized that any remedial measures taken to protect the temple’s property must strictly adhere to legal procedures, and any person affected by these measures must be granted a fair opportunity to present their case.
The court’s directive to the Deputy Commissioner/District Magistrate signifies a critical step towards resolving the longstanding dispute over the temple’s property. The judgment underscores the need for meticulous scrutiny and lawful action in cases involving religious trusts and the management of their assets. It also highlights the importance of judicial oversight in ensuring that the properties of religious institutions are safeguarded from unlawful transactions.
The case has attracted attention due to the involvement of the Sanatan Dharam Pratap Sabha, a prominent organization in Kashmir, and the allegations of unauthorized land sales. The judgment is expected to pave the way for a more transparent and accountable process in the management of temple properties in the region.
As the Deputy Commissioner/District Magistrate commences the investigation, all eyes will be on the developments that follow, particularly concerning the potential involvement of the CBI if further irregularities are uncovered. The outcome of this inquiry could have broader implications for other religious properties in Jammu & Kashmir, setting a precedent for the protection of such assets in the future.
