A Brief of Shri KalakaJi Mandir Case
Table of Content:
- Background of the case
- The contention of the parties
- The decision of the court
- Report of the Local Commissioner
- Court’s Observation
- Court’s order
Neeta Bhardwaj & Ors. vs Kamlesh Sharma FAO- 36/ 2021
Background of the case:
The present appeal was filed by the appellant- defendant in which he challenged the impugned order passed by the Additional District Judge of Saket District Court. The Trial Court’s order reads as follow:
“It is an admitted fact that plaintiff is one of the legal heir of the deceased Sh. Kali Charan. It is also an admitted fact that Late Sh. Kali Charan is entitled for his share in thula Jasram to the extent of 3pies. On the basis of abovementioned judgment plaintiff is able to make out a prima facie case in her favour and balance of convenience also lies in her favour being a legal heir of deceased Sh. Kali Charan and if her application for this time / Bari is not be allowed / adjudicated upon she would undoubtedly suffer a loss. Accordingly, she is entitled for her right in the Pooja Sewa, Tehbazari and other collections during this Bari in the Temple KalakaJi for the period abovementioned, in the share of her father Late Sh. Kali Charan, to the extent of her l/6th share. However, I am not commenting upon the ceremonies of KalakaJi Temple that puja sewa is to be performed only by a male member if that is the case then the plaintiff can exercise her right by appointing any male on her behalf as initially also the same was done by Sh. Ajay Kumar @Ajay Bhardwaj.”
From the order of the Trial Court, it is clear that there is no dispute that the plaintiff is the legal heir of the deceased Kali Charan Sharma and in this capacity, she is entitled to get 1/6th share of her late father in KalakaJi Mandir. Even in the duration of 24th January 2021 to 23rd February 2021, the Bari of the temple belongs to the plaintiff, and as per the custom of the Mandir, the Puja Sewa can be performed by the male member only, and therefore the plaintiff is free to appoint a male member to perform their turn of Bari.
The contentions of the parties
Submissions of the appellant- Defendant
Learned counsel Mr. Rohit K Nagpal, Mr. Akash Bhardwaj, and Mr. Dipanshu Gaba submitted on behalf of the appellant that:
- Being the male legal heir of the Late Shri Kali Charan Sharma e is entitled to perform Puja Sewa in Kalka Ji Mandir from 24th January 2021 to 23rd February 2021.
- The plaintiff is only entitled to get the 1/6th Share from her deceased father’s share in the Mandir.
- The plaintiff being a female ought not to provide a right to nominate a person on her behalf to perform the Puja Sewa in the said period.
- The allegation of the plaintiff that the defendant has sold a Bari to an unauthorized person is baseless.
Submissions of the plaintiff
Learned Counsel Mr. R.K. Bhardwaj, Mr. Neeraj Bhardwaj, and Mr. Dheeraj Bhardwaj submitted on behalf of the plaintiff that:
- The defendant has authorized a person who is not authorized to perform the puja sewa in the Mandir.
- The defendant has therefore sold that duration of Barito the said, unauthorized person.
The decision of the Court
To ascertain the ongoing position in the KalakaJi Mandir, the court appoints a local commissioner to inspect and submit a report. The court held that:
“It is submitted that the Bari of the heirs of Late Sh. FAO 36/2021 Page 4 of 13 Kali Charan begins from 23rd January, 2021. Let a copy of order dated 25th January, 2021 passed by the Trial Court be placed on record. In the meantime, as there is a dispute as to who is currently conducting the Pooja sewa in the KalakaJi Mandir, it is deemed appropriate to appoint a Local Commissioner. Accordingly, Ms. Manmeet Arora, Advocate who is present in Court today, is appointed as the Local Commissioner to visit the KalakaJi Mandir.”
The report needs to be made and submit upon the following aspects:-
- Who is authorized to collect Dakshina (offerings) in the Mandir during:
- before 16th January 2021
- From 16th January 2021 to 23rd January 2021
- From 23rd January 2021 onwards.
- In these durations who is having custody of the donation boxes present in the precincts of the KalakaJi Mandir.
- If there are any books of accounts maintained in the name of Mandir the same shall be inspected by the concerned local commissioner.
- The local commissioner is authorized to ascertain what donations were received in the donation boxes of the Mandir.
- What is the average number of devotees who are visiting the Mandir on daily basis?
The court also authorized the local commissioner:
- to interrogate the local shop keepers who on daily basis set up their shop over there or
- if there are any occupants resides on the premises of Mandir then the local commissioner has the power to speak to such person to ascertain the questions raised.
- He is also authorized to click pictures if he thinks fit to do so.
The SHO of the respective area of KalakaJi Mandir will provide security to the local commission while he is performing his job assigned by this court.
The court further held that the local commissioner will be paid with Rs. 50, 000 which has to be shared between both the parties in an equal ratio. If the party wishes to go along with the local commissioner then they are permitted to do so but they have to be accompanied by their respective counsel.
Report of the Local Commissioner
- The number of devotees who visited the Mandir is approximately the same as the gathering that was there before the Covid restrictions. The average number of devotes,
- On weekdays it is 10,000
- On weekends it is around 20,000.
- All the arrangements and maintenance in the Mandir are carried out by its representative body of office bearers which is known as Sh. KalakaJi Mandir Prabhandak Sudhar Committee (SKMPSC).
- There are a total of 38 donation boxes presented in the KalakaJi Mandir. The donation boxes have been locked with the padlocks and it is supervised by the Pujari who is performing the Puja Sewa.
- The Defendant as well as. KalakaJi Mandir Prabhandak Sudhar Committee affirms that no books of account have been maintained in respect of the donations received and expenditures of the Mandir.
- In the period of 25th December 2020 to 23rd January 2021, the Puja Sewa was carried out by Mr. Tanmay Bhardwaj accompanied by Mr.Sanjay Bhardwaj and his nephew Mr. Himanshu Bhardwaj (who had paid the highest bid of Rs. 1.37 Crores in the auction).
- To declare them mukhya pujaris of the said period large posters of Mr. Sanjay Bhardwaj, Mr. Himanshu Satish Bhardwaj, Mr. Sukhlal Bhardwaj, and Mr. Praveen Bhardwaj are prominently affixed on the donation boxes as well as various places of the Mandir.
- It was stated in the Hoardings that for donations and offering related aspects the one needs to contact Mr. Sanjay Bhardwaj.
- Since 25th December 2020 daily aarti has been performed by Mr. Sanjay Bhardwaj and it is ascertained from the YouTube videos uploaded on the page of Shri KalakaJi Mandir.
- The pujari room was occupied by Mr. Sanjay Bhardwaj and Mr. Himanshu Bhardwaj even after the end of their Bari period.
- There are 10 donation boxes in the main room with the deity and 28 more donation boxes encircling the Bhawan. The key of the said donation boxes is with the Defendants, however, he claims that he had not opened the donation boxes since 24th January 2021.
- Upon requesting LC the donation boxes have been opened it was found that 1 of them is empty.
- The nominee of the plaintiff had visited only once but he was not seen in the last 4 days before the commencement of the inspection.
- There are 8 CCTV cameras are installed in the Mandir out of which only 5 of them are working. Upon requesting to retrieve footage, only the footage of one date i.e 11th September 2020 has been retrieved from the Digital Video Recorder.
- The offering on the weekdays is nearly 10 lacs whereas on the weekends it is around 20 lacs.
- The shopkeepers are still left to pay the rent to the pujari.
Court’s observation
From the report of the local commissioner, the court observed that the Mandir was running like a commercial enterprise. It is discouraging at the right to perform puja sewa has been auctioned. For the time period of 24th January 2021 to 5th February 2021, the puja sewa had been carried out by Mr. Sanjay Bhardwaj and Mr. Himanshu Bhardwaj and it is not clear who authorized them to do so.
The giving of share to Plaintiff cannot be at the whims of the Defendants, merely on the ground that they are male heirs and the Plaintiff is a female.
Court’s Order
To ensure that the plaintiff’s right to conduct the Bari including the receiving of the donations will not be interrupted by the defendant, the court appoints two receivers named Mr. H.S. Sharma (a retired District and Session Judge) for a fee of Rs. 5 lacs and Mr. Anurag Ahluwalia (Advocate) for the Rs. 3 lacs.
Further, the court held that for the time period when the defendant has been controlling the puja sewa, the defendant needs to file an affidavit within one week regarding the number of donations received on per daily basis.
Mr. Sanjay Bhardwaj and Mr. Himanshu Bhardwaj and Sh. KalakaJi Mandir Prabhandak Sudhar Committee is impleaded as the respondents in the present case and they have to file an affidavit by explaining that how they become pujaris and what is the quantum of offerings and thali Dakshina they received on daily basis.
Furthermore, the receivers will visit the temple, and to ensure that they are working as per the directions of the court local commissioner is going to accompany them. The SHO of KalakaJi has to provide assistance to them. The fees of the receiver and the local commissioner have to be paid by the Registrar general.