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| DB disposes off PIL on Dharmarth Trust | | Says title of properties should not be settled in writ petitions | | Early Times Report
Jammu, Aug 13- Disposing off a Public Interest Litigation (PIL) seeking Government to take management of the Dharmarth Trust properties, a Division of Jammu and Kashmir High Court held that it is well settled law that disputed questions of facts pertaining to title of properties should not be tried to be settled in writ petitions. In the circumstances, it would not be appropriate on the part of DB to go into the question whether the properties, being subject matter of the petition, are state properties, particularly, having regard to the fact that according to the petitioners, since October 26, 1947, the subject properties were not considered as State properties and also the fact that the State Government itself is denying that the subject properties are state properties.
The Bench comprising Chief Justice Barin Ghosh and Justice Mansoor Ahmed Mir
observed that the petitioners are at liberty to take such steps as they may be advised to
establish that properties in question are state properties in such a forum as is available to
them and the other contentions raised in the PIL, in the circumstances, are also kept open.
In the PIL it has been submitted that the properties are under illegal management of the private respondents and the same should be treated as Government properties.
Announcing the judgment written by Chief Justice Barin Ghosh, after hearing senior Advocate SS Lehar with Adv Raghu Mehta for the PIL, Advocate General MI Qadiri with Additional Advocate General Seema Shekhar for the State and senior Advocate DC Raina with Advocate Vikas Magotra and Advocate RS Thakur for the private respondents, Justice Mansoor Ahmed Mir observed that Ain-I-Dharmarth translation placed on record by the petitioners, suggests that the same was made by Maharaja Ranbir Singh son of late Maharaja Ghulab Singh, the ruler of the state. There is also no dispute that Maharaja Ranbir Singh was also the ruler of the state at the time Ain-I-Dharmarth was made. From the preamble of Ain-I-Dharmarth, it appears that when Maharaja Ghulab Singh was the ruler of the state, he took great pains in the progress of Hindu religion and constructed various temples. The preamble says that Maharaja Ghulab Singh had faith and keen interest in religious matters and that he ordained that a treasury of Shri Ragunath Ji be established and Rs 5 lakhs be invested and interest thereof be utilized for maintenance of places and distribution of food etc to the travelers. The preamble further says that Maharaja Ghulab Singh made an endowment of the said sum and appointed his son Maharaja Ranbir Singh as Trustee. The preamble also says that until an Ain-I-Dharmarth was made, Maharaja Ranbir Singh discharged his obligation as Trustee of the Dharmarth Trust and decided the places for distribution of food to etc to travelers and their management. JNF
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