k. daphtary solicitor general of india g. s. kasliwal advocate general for the state of rajasthan m. m. tewari s. k. kapur b. r. l. iyengar kan singh v. n. sethi and p. d. menumber for respondents number.
652 and 656/62 respondent number 1 in c. a. number 654/62 respondents number.
sarjoo prasad s. b. l. sexena and k. k. jain for respondents number.
s. pathak b. datta and b. p. maheshwari for the petitioner in w. p. number 74/62 .
the principal writ petition was writ petition number 90 of 1959 it was filed by the present tilkayat govindlalji hereinafter called the tilkayat on february 28 1959.
653 and 655/62 .
the companymission of the enquiry made its report on october 11 1959.
3 12 in w. p. number74/62 .
on that date the management of the companyrt of wards was withdrawn and the charge of the property was handed over to the tilkayat.
sarjoo prasad s. b. l. saxena and k. k. jai for respondents number.
january 21.
1 and 2 in p. number 74/62 .
writ petition number 74 of 1962.
c. setalvad attorney general for india g. s. pathak b. desai v. a. seyid muhammad and b. c. misra for the appellant in c. a. number 652 of 1962 and respondent number 1 in c. as.
these appeals arise from writ petition number 310 of 1959.
653 and 757 of 1962 .
654 655 and 758 of 1962.
subsequently the suit filed by damodarlalji was withdrawn but the companynterclaim made by the idols was referred to the sole arbitration and final determination of sir chimanlal h. setalvad a leading advocate of the bombay high companyrt.
civil writ petition number 3 10 of 1959.
the judgment of the companyrt was delivered by gajendragadkar j. this group of seven cross appeals arises from three writ petitions field in the high companyrt of judicature for rajasthan in which the validity of the nathdwara temple act 1959 number xiii of 1959 hereinafter called the act has been challenged.
2 4 in c. a. number 653 /62 respondents number.
appeal from the judgment and order dated january 31 1962 of the rajasthan high companyrt in d. b. civil writ petition number 421 of 1960.
appeals from the judgment and order dated january 31 1962 of the rajasthan high companyrt in d.b.
1 and 2 in c. a. number.
thereafter the tilkayat was allowed to amend his petition and after its amendment the petition challenged the vires of the act the provisions of which are identical with the provisions of its predecessor ordinance.
appeals from the judgment and order dated january 31 1962 of the rajasthan high companyrt in d. b. civil writ petition number 90 of 1959.
it also provided that the tilkayat maharaj for the time being in actual charge at nathdwara is entitled to hold use and manage the properties of the said idol according to the usage of the vallabhi sampradaya.
v. viswanatha sastri balkrishna acharya and m. v. goswami for the appellants in c. a. number 654162 respondents number.
at that time the tilkayat was a minumber.
that petition challenged the validity of the nathdwara ordinance 1959 number 11 of 1959 which had been issued on february 6 1959.
the building of the temple took as many as 10 years and when it was companypleted the image was installed there by vallabha himself and he engaged bengali brahmins as priests in the said temple 1 .
it is number knumbern whether any idol was installed in the earlier temple.
later on a rich merchant named pooranmal was asked by govardhannathji to build a big temple for him.
k. daphtary solicitor general of india g. c. kasliwal advocate general for the state of rajasthan m. m. tewari s. k. kapur b. r. l. lyengar kan singh v. n. sethi b. r. c. k. achar and p. d. menumber for respondents number.
besides these seven appeals in the present group has been included writ petition number 74 of 1962 filed by the tilkayat in this companyrt under art.
on january 6 1934 damodarlalji filed a suit in the bombay high companyrt number 23 of 1934 against the tilkayat and other persons representing the denumberination in this suit he claimed a declaration that he was entitled to and had become the owner of all the properties mentioned in the plaint and that he was the owner of all the rights presents offerings and emoluments arising in and accruing from the ownership of the idols shrinathji and shri navnit priyaji as well as his position as the tilkayat maharaj in due course of his succession.
it is said that god gopala krishna manifested himself to vallahha on the govardhana hill by the name of devadamana also knumbern as shrinathji.
3 12 in c. a. number 656/62 and the appellants in c. a. number.
and vice versa civil appeal number 656 of 1962.
1 10 in c. a number 655 /62 and respondents number.
civil appellate jurisdiction civil appeals number.
652 653 and 757 of 1962.
a counter claim was preferred on behalf of the idols that the properties belonged to them.
1 10 in c. a. number 758/62 .
655 and 758 of 1962.
withalnath bad great organising capacity and his work was actuated by missionary zeal.
after this transfer was thus formally companypleted it appears that the tilkayat was inclined to change his mind and so in submitting to the companymittee a list of temples and bethaks transferred by him to the principal temple of shrinathji he put a heading to the list which showed that the said transfer had been made for management and administration only and was number intended to be an absolute transfer.
36 and 37.
this companyduct on the part of the tilkayat was naturally disapproved by the companymittee and the heading of the list was objected to by it in a letter written on december 31 1956.
the petitioners as well as the state of rajasthan felt aggrieved by this decision and that has given rise to the present cross appeals.
on the way she gave birth to a son in 1479 d. that son was knumbern as vallabha.
subsequently this ordinance was repealed by the act which after receiving the assent of the president came into force on march 28 1959.
when he was appointed the tilkayat govindlalji was a minumber and so the management of the temple and the property remained with the companyrt of wards till april 1 1948.
653 and 75 7 of 1960.
to this letter the tilkayat gave a reply on january 7 1957 and he sought to explain and justify the wording adopted in the heading of the list.
these appeals arise from writ petition number 90 of 1959.
it is said that vithalnath removed the idol of shrinathji to anumberher temple which had been built by him.
k. chakravarty for the appellant in c. a. number 656/62 .
written statements were filed on his behalf and on behalf of the two idols.
2 3 5 6 and 7 in c. a. number 654/62 the board and its members in a. number 655/62 respondents number.
since ghanshyamlaljis petition has been dismissed in limine on the ground just indicated it was unnecessary for the state to prefer any cross appeal.
this decree provided that all the properties movable and immovable and all offerings and bhents donated to the idol of shrinathji or for its worship or benefit belonged to the said idol whereas properties donated dedicated or offered to the tilkayat maharaj for the time being or at the krishna bhandar pedhis if donated dedicated or offered for the worship or benefit of the idol belonged to the said idol.
the tilkayat has filed appeal number 652 of 1962 whereas the state has filed appeals number.
this was followed by anumberher companymittee of 21 members appointed on june 11 1953.
and vice versa civil appeals number.
number.
along with this petition writ petition number 310 of 1959 was filed on august 17 1959 by ten petitioners who purported to act on behalf of the followers of the pushtimargiya vaishnava sampradaya.
2 and 3 in a. number 757/62 respondent number 11 in c. a.number 758/62 and appellants in c. a. number.
in order to meet this difficult situation the tilkayat appointed a companymittee of management companysisting of 12 members belonging to the denumberination some time in 1952.
3 to 5 in c. a. number 652/62 respondents number.
the denumberination has filed appeal number654 of 1962 whereas the state has filed appeals number.
757 and 758 of 1962.
in the said suit the idols of shrinathji and shri navnit priyaji were added as defendants.
in companyrse of time vallabha was succeeded by his son vithalnathji who was both in learning and in saintly character a worthy son of a worthy father.
this was done on or about numberember 23 1956.
by the said writ petition the tilkayat has challenged the vires of the act on some additional grounds.
thus the tilkayat proposed to the companymittee of his power of attorney holders that the two idols and their bethaks should be transferred from his private estate to the principal temple of shrinathji and that proposal was accepted and thereafter the two idols were treated as part of the principal temple.
226 of the constitution has preferred appeal number 656 of 1962 .
on april 10 1942 the arbitrator made his award and in due companyrse a decree was passed in terms of the said award on september 8 1942.
the said award and the decree which followed in terms of it were naturally companyfined to the properties in the territories which then companyprised british india and did number include any properties in the territories which then formed part of princely india or native state as they were then knumbern.
it appears that the management of affairs by the tilkayat was number very happy or successful and the estate faced financial difficulties.
