ISHWAR CHANDA SHARMA versus DEVENDRA KUMAR SHARMA & ORS.

ISHWAR CHANDA SHARMA versus DEVENDRA KUMAR SHARMA & ORS.

The Supreme Court directed compliance with the High Court order dated 27.08.2024 requiring the Trial Court to reconsider receivership, and held that Receivers appointed for temples should preferably have relevant administrative experience and historical, religious and social background (preferably belonging to the Vaishnav Sampradaya) rather than being practising advocates; additionally, the State of Uttar Pradesh was permitted to implement its development Scheme for Banke Bihari Temple and to utilise amounts lying in fixed deposits of the Deity/Temple to acquire land for the corridor provided the land acquired is held in the name of the Deity/Trust.

Parties
Appellant: Ishwar Chanda Sharma; Respondents: Devendra Kumar Sharma & Ors.; Intervenor / Respondent No. 4: State of Uttar Pradesh; Respondent No. 5: Dilip Kumar Sharma
Jurisdiction
India
Judgment Date
15 May 2025
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment and Order Dated 27.08.2024 in Contempt Application (c) No. 4429 of 2023; Final Judgment by Supreme Court Disposing the Appeal on 15.05.2025
Outcome
Appeal disposed of
Legal Topics
Appointment of Receiver, Eligibility of Receivers, Appointment of Advocates as Receivers, Crowd Management at Temples, Use of Temple Funds for Development, Acquisition and Development of Land for Temple Corridor, Delay and Maladministration in Litigation
Civil Procedure Religious/temple Administration Public Interest Litigation Constitutional Law Appointment of Receiver Eligibility of Receivers Appointment of Advocates as Receivers Crowd Management at Temples +3 more

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Parties

Ishwar Chanda Sharma

Appellant

Devendra Kumar Sharma & Ors.

Respondents

State of Uttar Pradesh

Intervenor / Respondent No. 4

Dilip Kumar Sharma

Respondent No. 5

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment and Order Dated 27.08.2024 in Contempt Application (c) No. 4429 of 2023; Final Judgment by Supreme Court Disposing the Appeal on 15.05.2025

Legal Issues

  1. 1 Whether an advocate may be appointed as Receiver of a temple and the criteria for appointment of Receivers under Order XL Rule 1 CPC
  2. 2 Whether Courts have been prolonging litigation by running temple administration through Receivers and the need to expedite civil suits
  3. 3 Whether the State of Uttar Pradesh may utilise temple funds/fixed deposits to acquire land for development of a corridor around Banke Bihari Temple and related public interest measures

Ratio Decidendi

The Supreme Court directed compliance with the High Court order dated 27.08.2024 requiring the Trial Court to reconsider receivership, and held that Receivers appointed for temples should preferably have relevant administrative experience and historical, religious and social background (preferably belonging to the Vaishnav Sampradaya) rather than being practising advocates; additionally, the State of Uttar Pradesh was permitted to implement its development Scheme for Banke Bihari Temple and to utilise amounts lying in fixed deposits of the Deity/Temple to acquire land for the corridor provided the land acquired is held in the name of the Deity/Trust.

Court Disposition

Appeal disposed of

Orders

  • The Civil Judge (Senior Division), Mathura is directed to comply with the High Court order dated 27.08.2024 and appoint a Receiver having relevant administrative experience, historical, religious and social background preferably belonging to the Vaishnav Sampradaya
  • The State of Uttar Pradesh is permitted to implement the proposed Scheme for development of Banke Bihari Temple in its entirety