Writ Petition Dismissed as Court Finds No Merit in Challenge Against Devasthan Board's Notice
In a significant ruling, the Rajasthan High Court has dismissed a writ petition challenging the authority of the Shri. Devasthan Board, Sirohi, to remove unauthorized encroachments on temple property. The petitioner, Fateh Mohammed, who has been conducting business near the Shri. Sarneshwar Temple for over four decades without official permission, faced eviction after the Board issued a notice demanding the removal of his temporary structure.
The case was presided over by Justice Kuldeep Mathur, who delivered the judgment on February 2, 2026. The petitioner sought relief from the court to quash the notice dated January 16, 2026, issued by the Secretary of the Devasthan Board. The petitioner argued that the eviction would result in severe financial hardship and mental distress.
However, the court found that the petitioner had no legal authorization to occupy the temple land, as he failed to provide any evidence of permission from the Shri. Devasthan Board or any competent authority. The court emphasized that the Devasthan Board is within its rights to initiate proceedings to remove encroachments, especially when such unauthorized occupations hinder the smooth movement and access for devotees visiting the temple.
The judgment underscores the importance of maintaining the sanctity and accessibility of religious sites, ensuring that the rights of devotees are preserved over unauthorized commercial activities. The court's decision reinforces the authority of religious boards to manage and protect their properties from encroachments.
The dismissal of the writ petition serves as a precedent for similar cases, affirming the legal framework that supports religious institutions in safeguarding their assets against unlawful encroachments. The stay petition filed in conjunction with the writ was also disposed of by the court.
Bottom Line:
Encroachment on temple property - Unauthorized occupation of temple property causing inconvenience to devotees - Shri. Devasthan Board has the right to initiate proceedings for removal of such encroachment.
Statutory provision(s): No specific statutory provisions mentioned in the judgment.
Fateh Mohammed v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2856597
