THE GOAN NETWORK
PANAJI
The High Court of Bombay at Goa has admitted a plea filed by the Mazania of Shree Navadurga Saunsthan, Madkai challenging the rights of Shri Devi Navadurga Pratishthan and other respondents over the temple.
During the hearing of the plea, Advocate Shivan Desai, representing the Mazania, argued that the respondents, who are devotees and villagers, had no cause of action to file the suit. He stated that the allegations in the plaint were an attempt to create an illusory cause of action.
The suit was filed for declaration that the Navadurga temple should be declared as public temple and permanent injunction restraining the Mazania from changing the idol.
“The Temple/Devasthan is admittedly governed by the Devasthan Regulations which are infact holding the field in Goa and said Devasthan Regulations clearly provide that there has to be a Committee of the Mahajans who will look after the entire administration for the Temple. The respondents are not at all Mahajan but some of villagers who formed the Trust and thereafter filed a suit,” he submitted to the Bench of Justice Bharat Deshpande.
He further stated that the respondents’ claims for reliefs under Article 25 of the Constitution and other laws were baseless; and that the temple cannot be separated from its deity. Moreover, the rights of the respondents regarding the deity must be viewed within the framework of the Devasthan Regulations and the Compromisso (temple constitution).
Appearing for the respondents, Advocate Jitendra Supekar countered that they were villagers and worshippers of the deity. He said their public trust was formed to oppose the replacement of the existing idol, which has been worshipped since time immemorial.
“They are not claiming any right with regard to the Temple however, their only trust is with regard to the idol/deity which the Defendants are trying to replace,” he added.
Adv Supekar noted that the suit was filed seven years ago and highlighted that the devotees had consistently opposed the decision to replace the idol, which they believe is arbitrary and unjustified.
While quashing the previous trial court order -- application filed by the Mazania seeking rejection of plaint was dismissed by the trial court -- the High Court allowed Mazania's application.
The court has however stayed its order for six weeks to allow the respondents to file an appeal.
The high court further observed that the plaintiffs had admitted existence of temple along with idol and that the management of temple was governed by Mahajan.
Once this fact including the fact of approved compromisso is admitted, it presupposes that all necessary rituals are required to be performed as per the procedure stipulated in compromisso.
