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    Syed Musthafa
    This case relates to the famous Nathdwara Temple in Rajasthan, India. A Constitution Bench of the Supreme Court had to determine whether the temple was private or public. The court noted that while private temples belonging to families are known under Hindu law, a private temple of a religious founder could attract large numbers of devotees. The court also considered factors like whether the temple was built impressively, whether the public had rights to entry, participation in worship/ceremonies, and acceptance of offerings. However, in this case no evidence was led on regulation of admission or other factors to clearly indicate the temple was private. Therefore, the court could not determine it was private based on the considerations presented.

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    PETITIONER

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    Syed Musthafa
    27 views2 pages
    This case relates to the famous Nathdwara Temple in Rajasthan, India. A Constitution Bench of the Supreme Court had to determine whether the temple was private or public. The court noted that while private temples belonging to families are known under Hindu law, a private temple of a religious founder could attract large numbers of devotees. The court also considered factors like whether the temple was built impressively, whether the public had rights to entry, participation in worship/ceremonies, and acceptance of offerings. However, in this case no evidence was led on regulation of admission or other factors to clearly indicate the temple was private. Therefore, the court could not determine it was private based on the considerations presented.

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    This case relates to the famous Nathdwara Temple in Rajasthan, India. A Constitution Bench of the Supreme Court had to determine whether the temple was private or public. The court noted that while private temples belonging to families are known under Hindu law, a private temple of a religious founder could attract large numbers of devotees. The court also considered factors like whether the temple was built impressively, whether the public had rights to entry, participation in worship/ceremonies, and acceptance of offerings. However, in this case no evidence was led on regulation of admission or other factors to clearly indicate the temple was private. Therefore, the court could not determine it was private based on the considerations presented.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views2 pages

    PETITIONER

    Uploaded by

    Syed Musthafa
    This case relates to the famous Nathdwara Temple in Rajasthan, India. A Constitution Bench of the Supreme Court had to determine whether the temple was private or public. The court noted that while private temples belonging to families are known under Hindu law, a private temple of a religious founder could attract large numbers of devotees. The court also considered factors like whether the temple was built impressively, whether the public had rights to entry, participation in worship/ceremonies, and acceptance of offerings. However, in this case no evidence was led on regulation of admission or other factors to clearly indicate the temple was private. Therefore, the court could not determine it was private based on the considerations presented.

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    © All Rights Reserved
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    PETITIONER:

    TILKAYAT SHRI GOVINDLALJI MAHARAJ


    Vs.
    RESPONDENT:
    THE STATE OF RAJASTHAN AND OTHERS
    DATE OF JUDGMENT:
    21/01/1963
    BENCH:
    GAJENDRAGADKAR, P.B.
    BENCH:
    GAJENDRAGADKAR, P.B.
    SINHA, BHUVNESHWAR P.(CJ)
    WANCHOO, K.N.
    GUPTA, K.C. DAS
    SHAH, J.C.
    CITATION:
    1963 AIR 1638

    In Tilkayat Shri. Govindlalji Maharaj Vs. The State of Rajasthan and others, AIR 1963 SC
    1638 : (1964)1 SCR 561, Gajendragadkar, J., speaking for a Constitution Bench, in a
    matter relating to the famous Nathdwara Temple where the denomination in question did
    not recognize the existence of 'Sadhus' or 'Swamis' other than the descendants of
    'Vallabha', and no other ritualistic practices were adopted and where the cult did not
    believe in celibacy as well as did not regard that giving up worldly pleasures and the
    ordinary mode of a house-holder's life were essential for spiritual progress, opined :

    "The question as to whether a Hindu temple is private or public has often been
    considered by judicial decisions. A temple belonging to a family which is a private
    temple is not unknown to Hindu law. In the case of a private temple it is also not
    unlikely that the religious reputation of the founder may be of such a high order that
    the private temple founded by him may attract devotees in large numbers and the
    mere fact that a large number of devotees are allowed to worship in the temple
    would not necessarily make the private temple a public temple. On the other hand, a
    public temple can be built by subscriptions raised by the public and a deity installed
    to enable all the members of the public to offer worship. In such a case, the temple
    would clearly be a public temple. Where evidence in regard to the foundation of the
    temple is not clearly available, sometimes, judicial decisions rely on certain other
    facts which are treated as relevant. Is the temple built in such an imposing manner
    that it may prima facie appear to be a public temple? The appearance of the temple
    of course cannot be a decisive factor; at best it may be a relevant factor. Are the
    members of the public entitled to an entry in the temple? Are they entitled to take
    part in offering service and taking Darshan in the temple? Are the members of the
    public entitled to take part in the festivals and ceremonies arranged in the temple?
    Are their offerings accepted as a matter of right? The participation of the member of
    the public in the Darshan in the temple and in the daily acts of worship or in the
    celebrations of festival occasions. May be a very important factor to consider in
    determining, the character of the temple. In the present proceedings, no such
    evidence has been led and it is, therefore, not shown that admission to the temple is
    controlled or regulated or that there are other factors present which indicate clearly
    that the temple is a private temple. Therefore, the case for the Tilkayat cannot rest
    on, any such considerations which, if proved, may have helped to establish either
    that the temple is private or is public."

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