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Synopsis

The Supreme Court has said that the issues of temple administration and the appointment of receivers in the suits pertaining to the temple administration, have become the most difficult conundrum for the courts and very lucrative court proceedings for the advocates in Uttar Pradesh, especially in the District Mathura.

"It may be noted that the Courts, which are considered to be the temples of justice, cannot be permitted to be used or misused for the benefit of a group of people, who would have vested interest in prolonging the litigations. Nobody should be permitted to abuse or misuse the process of law under the guise of prolonged litigations in the Court," a bench of Justices Bela M Trivedi and Satish Chandra Sharma said.

Dealing with a petition filed by one Ishwar Chanda Sharma, the court directed the Principal District Judge, District Court at Mathura to submit a report on or before December 19, 2024, giving a list of Temples in the District in respect of which the litigations are pending and in which the receivers have been appointed by the court.

The bench also sought information as to since when such litigations are pending and the status of such proceedings; the names and status of the persons particularly of the advocates appointed by the courts as receivers and the remuneration, if any, being paid to the receivers appointed in such proceedings.

The court issued notice to respondents and fixed the matter for hearing on December 19.

The petitioner before the court claimed to be one of the Committee Members appointed by the Civil Judge, Senior Division, Mathura (Trial Court) on March 28, 2023 for management and operation i.e. receiver/ manager of a temple in Mathura. The said order was set aside by the High Court by on August 27, 2024 with direction to remit the matter back to the Trial Court for fresh consideration.

"The impugned order dated 27.08.2024, passed by the High Court of Judicature at Allahabad in Contempt Application highlights the glaring state of affairs prevailing in the State of Uttar Pradesh, particularly, in the District-Mathura with regard to the administration of the Trusts in Temples, which are supposed to be very important and sacred places for Hindus," the bench noted.

The High Court had noted that for 197 temples as provided by District Judge, Mathura on May 23, 2024, there were civil litigations pending for these temples situated at Vrindavan, Govardhan, Baldeo, Gokul, Barsana,Maath etc.

The litigations ranged from the year 1923 till the year 2024. In these famous temples of Vrindavan, Govardhan and Barasana, practising advocates of Mathura Court had been appointed receivers. The interest of receiver lay in keeping the litigation pending, the the high court had noted.

"No effort is made to conclude the civil proceedings, as the entire control of temple administration vest in the hands of Receiver. Most of the litigation is in respect of management of temples and appointment of receivers. A practising lawyer cannot devote sufficient time for the administration and management of a temple, especially of Vrindavan and Goverdhan, which needs skill in the temple management along with full devotion and dedication. It has become a symbol of status in the city of Mathura," the High Court had said.

Case Title: Ishwar Chanda Sharma Vs Devendra Kumar Sharma & Ors