The J&K and Ladakh High Court has scrapped all suspiciously executed transfer deeds and revenue record entries for 160-Kanal land by restoring an asset worth over Rs 400 crore to the Raghunath temple in the Barzalla locality of Srinagar city.
In a historic verdict, the high court has ordered an immediate government takeover of approximately 140 Kanals of temple land in Bagat-e-Barzulla (Bulbul Bagh), unlawfully occupied by senior advocate and former J&K Bar Association President, Mian Qayoom.
Mian Qayoom was arrested in connection with the murder of advocate Babar Qadri in the Hawal area of Srinagar city by terrorists on September 24, 2020.
Qayoom had settled his family members in over 25 houses on this land, including a self-constructed mosque and a 15-flat apartment building all on Raghunath Temple land.
The high court ruled that the illegal occupation was facilitated by corrupt revenue officials and an impostor Major Arjun Singh, who posed as Mahanat Arjun Dass.
The judgement was delivered by a division bench of the high court comprising Justice Sanjeev Kumar and Justice M.A. Chowdhary.
Deputy Commissioner Srinagar has been directed to take over the management of the temple and its properties immediately.
The historic judgement said, “Henceforth, no mutations shall be attested in the name of any Mahant or his disciple. The properties shall remain in the temple’s name under the management of the District Administration and shall be so recorded in the revenue records. Deputy Commissioner Srinagar or the committee appointed by him, shall ensure that the temple’s properties are put to beneficial use. The profits derived from these properties shall be exclusively used for the maintenance of the temple and other charitable and religious purposes."
“A bank account in the name of the temple shall be opened, to be operated through the Deputy Commissioner, ensuring that all funds and profits from the temple’s properties are properly accounted for,” the order read.
The high court also ordered the removal of all illegal structures and directed the DM to seize another temple property of Baba Dharam Dass in the Barbar Shah area of Srinagar city.
The second temple property includes 300 Kanals of prime land in Srinagar and Budgam, which is currently being used by Zahoor Watali for office purposes. Watali is currently in jail in connection with a terror funding case.
He is accused of involvement with groups such as Dukhtaran-e-Milat, Lashkar-e-Taiba, Hizb-ul-Mujahideen, and other secessionist outfits.
The sequence of events in the Raghunath temple land is that initially, the petitioners said that their grandfather, Mian Mohammad Sultan, held possession of 8 Kanals of land under Survey No.55 in Barzulla, Srinagar as a tenant.
After he died in 1958, the land passed to their father, Mian Abdul Rahim. In 1960, a revenue court, acting on an application by Baba Girdhari Das, Mahant of Raghunath Ji temple, issued an eviction decree against the petitioners’ father and others, which they challenged in higher courts.
Meanwhile, Baba Girdhari Das filed a suit in the Court of City Munsiff, Srinagar, seeking a mandatory injunction to evict the petitioners’ father. Proceedings under Section 145 Cr.P.C. were also initiated by Baba Girdhari Das, resulting in the land being attached and handed over to Abdul Rehman of Barzulla.
To resolve the dispute, a compromise was reached where the petitioners’ father retained four kanals of the land, while the remaining four Kanals went to Baba Girdhari Das.
A compromise decree was issued by the City Munsiff, Srinagar, on December 8, 1970. Following this, four Kanals of the attached land were returned to the petitioners’ father. After the agreement, Baba Girdhari Das passed away, and his nephew, Major Arjun Das claimed to have succeeded him as Mahant of the temple.
On March 15, 1971, a mutation was attested in favour of Major Arjun Das based on a Will by Baba Girdhari Das. The petitioners claimed that on April 12, 1973, Major Arjun Das agreed to sell an additional 2 Kanal and 10 marlas to their father, bringing their total land possession to six Kanal and 10 marlas. The petitioners’ father passed away on June 4, 2010, and the land remained in their possession as tenants.
The petitioners further stated that after Major Arjun Das’s death, the temple’s entire land, over 159 Kanals, was mutated in favour of his sons, B.K. Sharma and Vijay Sharma by mutation order No.1058 dated July 23, 1983.
This mutation was contested by respondent No.7 and the Dharmarth Trust before the Financial Commissioner (Revenue). On October 16, 2019, the Financial Commissioner rejected the Dharmarth Trust’s claim to the temple properties, but nullified the mutation and directed the Deputy Commissioner, Srinagar, to establish a mechanism to manage the temple transparently for the benefit of devotees.
After this protracted legal battle, the case reached the division bench of the high court, which finally delivered justice.
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