Court restrains any alteration on 41 Bighas temple land amid legal tussle over exchange deed and mutation, with strict personal responsibility on revenue officials
The Himachal Pradesh High Court, in a recent Public Interest Litigation (PIL), has intervened to protect the disputed land of Thakur Dwara Shri Narsingh Ji Mandir, ordering the State government to maintain status quo over the 41 Bighas 10 Biswas land in Mauza Dadi Bhola. The Court's directions came in response to a complex legal dispute involving an exchange deed executed in 2017, subsequent cancellation of mutation, and a civil suit that resulted in a decree in favor of a private respondent, Kuldeep Kaur.
The petitioner, representing the temple deity, challenged the exchange of valuable temple land with a private party, contending that the earlier mutation in favor of the private respondent was improperly sanctioned and later rightly cancelled on the ground that the land belonged to the temple. However, the private respondent filed a suit for declaration challenging the cancellation of the mutation. The suit was decreed without the State being made a party and allegedly without proper examination of the revenue records or the legality of the exchange deed.
Further complicating the matter, a subsequent mutation was sanctioned in 2025, and there are plans to develop the disputed land for a residential town planning layout, as per documents placed before the Court. The petitioner argued that the temple was put to a loss by exchanging more valuable land for less valuable land and expressed concerns over the development activity that may prejudice the temple's rights.
The High Court took cognizance of the matter and issued notices to all concerned parties. Crucially, it directed the State and its officials - including the Deputy Commissioner, Solan, the Sub-Divisional Magistrate of Nalagarh, and other responsible officers - to ensure strict compliance with the maintenance of status quo on the disputed land. The Court warned that any breach of this order would invite contempt proceedings against the officers personally responsible.
Additionally, the Court ordered the civil suit record and all relevant documents, including translations of key papers, to be produced for proper examination of the legality of the decree and subsequent mutation proceedings.
This judgment underscores the judiciary's role in safeguarding temple properties from unauthorized alienation and development, particularly when public interest and religious sentiments are involved. It also places personal accountability on revenue and administrative officers to uphold court orders and prevent misuse of official powers.
Bottom Line:
Temple/deity land - Challenge to exchange deed, civil court decree and subsequent mutation - High Court in PIL directed maintenance of status quo and restrained development activity on disputed land pending further consideration - Personal responsibility fixed on revenue/administrative officers for compliance.
Statutory provision(s): Public Interest Litigation.
Thakur Dwara Shri Narsingh Ji Mandir v. State of H.P., (HP)(DB) : Law Finder Doc Id # 2994730
