IDOL OF THAKURJI SHRI GOVIND DEOJI MAHARAJ versus BOARD OF REVENUE, RAJASTHAN, AJMER & OTHERS

Citation: [1965] 1 S.C.R. 96 · Decided: 24-08-1964 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

IDOL OF THAKURJI SURI GOVIND DEOJI MAHARAJ 
v. 
BOARD OF REVENUE, RAJASTHAN, AJMER & OTHERS 
August 24, 1964 
(P. R. Ci4JENDRAUADKAR, C.J., J. c. SHAH AND N. RAJAGOP,ALA 
AYYANGAR JJ.) 
The Jaipur Matmi Rules, 1945, rr. 4 and 5-"State grant"" in favour of 
idol-Liability for "Matmi dues"-Practict-Wri1 Pt1ition-Main1ain-
abiliry by affected party. 
The appellant, an Idol, is the grantee of certain lands. They are "State 
grants" under r. 4 of the Jaipllr Matmi Rule.<, 1945, having been made or 
recognised by the Ruler of the State. All State grants are subject to 
Matml dues under the Rules, that is, to the amount payable to the State by 
the successor of a deceased grantee, oo bis recognition as such. There 
bad been changes in the person of the Shebait of the idol twice, the previ"-'s 
incumbent dying and his son being recognised as the successor. The rea-
pondent therefore passed an order demanding Matmi dues from the present 
Shebait. The appellant by a Writ Petition disputed the validity of the 
order, but the petition was dismissed. 
On appeal, 
HELD: (i) The gran:s in question being grants made in favour of the 
idol and not in favour of the Shebaits, no question of the death of the 
grantc.c or his successor could arise and ctinsequcntly, the respondent could 
not claim any Marmi dues from the appellant. 
[IOOF-H]. 
(ii) Though the order for payment of Matmi dues had been nominally 
passed against the Shebait, as they were intended to be enforced a~aiost the 
properties belonging to the appellant, the appellant"• Writ Petition was 
marntainable. [102E-G[. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 326 of 
1962. 
Appeal from the judgment and order dated September JO, 
1959 of the Rajasthan High Court in D. B. Civil Writ Petition 
No. 10 of 1957. 
B. K. Bhattacharya and S. N. Mukherjee, for the appellant. 
G. C. Kas/iwa/, Advocate-Genera/ for the State of Rajasthan. 
K. K. Jain and R. N. Sachthey, for the respondents. 
A 
B 
c 
D 
E 
F 
The Judgment of the Court was delivered by 
G 
Gajendragadkar C. J. 
The short 
point 
of law 
which 
arises in this appeal is whether under- rule 5 of the Jaipur Matmi 
•• 
Rules, 1945, the appellant, the Idol of Thakurji Shri Govind 
~. ' 
Deoji Maharaj, is liable to pay the Mcrtmi amount in question. 
It appears that respondent No. 1, the Board of Revenue, had 
passed an order on November 6, 1956, directing that the Matalaba H 
MaJmi amounting to Rs. 15,404/14/6 be recovered from the 
Shebait of the appellant. temple. 
The appellant disputed the 
'
THAKUR.Ji v. J.U!VBNUB BOARD (Gajendragadkar. C./.) 
97 
A validity of this order and filed a Writ Petition (No. 10 of 1957) 
in the High Court of Ra jasthan contending that the said amoUJlt 
• 1 
was not recoverable from the appellant. 
The High Court has 
dismissed this writ petition and the appellant has come to this 
court with a certificate granted by the High Court. · 
B 
In its petition, the case for the appellant was that several 
lands had been granted to the appellant from time ·to time and 
that these grants were made in the name of the Idol, and that the 
Seva Pooja of the Idol and the management of its properties was 
entrusted to the Goswami ever since the Idol of Thakurji Shri 
Govind Deoji Maharaj was taken to Jaipur: from Brindaban. 
On 
C 
the death of the ninth Shebait, Goswami Shri Krishna Chandra 
succeeded to the Shebaitslrip in 1888 arid continued to be in 
management as such Shebait until 1935. 
On his death, 
his 
eldest son Goswami Bhola Nath succ.eeded and Seva Pooja was 
looked after· by him , during his lifetime. 
On the death of 
Goswami Bhola Nath in 1945, his. eldest son . Goswami 
D 
Pradumna 
Kumar 
succeeded 
to 
the 
Sl!ebaitship 
and 
has been carrying on the management of .the properties of the· 
temple and looking after the Seva Pooja of the lido!. It ·was 
during the management of Pradumna Kumar that the impugned 
order has been passed by respondent No. 1. 
Accordihg to this 
order, Matmi has been sanctioned "in favour of Goswami Bhola 
E 
Naih on the death of ·Krishna Chandra Deo and in favour of 
Pradumna Kumar beo on the death of Bhola Nath" and the total 
amount directed in that behalf is Rs. 15,404/ 14/6. The appel-
lant's petition specifically averred that the property in question had 
been granted to the Idol itself and that the Shebaits have been 
F 
performing the sCva Pooja of the Idol and managing the properties 
of the temple as such Shebaits. 
On these allegations, the appel

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