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This judgement was delivered by Justice Sunil Dutta Mishra on Friday.
”Considering the facts and circumstances particularly the origin of the temple, the right exercised by the devotee with regard to worship, nature and extent of gift/contribution made by the public and the dictum laid down, there is hardly any room for doubt that Vishnupad temple is a religious public trust and not a private property of the Gayawal Brahmins”, said Justice Sunil Dutta Mishra, while dismissing the second appeal filed on behalf of a group of Gayawal Pandas.
Referring to the judgment by the five-judge bench of the Supreme Court in the case of M Siddiq (Dead) Through Legal Representatives vs Mahant Suresh Das and Others (popularly known as Ayodhya Verdict) ‘on faith and belief’, the HC observed that the faith of Hindu followers is based on their ancient scriptures and corroborated by their centuries old practice of visiting Gaya Kshetra (Vishnupad) and performing Pinda (oblation) rituals for attaining salvation for their ancestors, are the evidence about the fact that general public at large are the beneficiaries of Vishnupad temple.
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”The first appellate Court also discussed the relevant provisions of the Bihar Hindu Religious Trust Act, 1950 and its applicability with respect to Vishnupad temple and concluded that the Vishnupad temple is a public trust and provision of the Bihar Hindu Religious Trust Act, 1950 would be automatically applicable and there is no valid reason to disagree with the conclusion in this second appeal”.
With this judgement of the Patna HC, the legal battle between local priests and the Bihar State Board of Religious Trust (BSBRT) for the control of Vishnupad temple has come to an end.
In 1977, a civil suit was filed in the local Gaya court by the Gayawal Pandas seeking declaration that Vishnupad temple is a private trust and the priests have full control over its management as ”ordained by Lord Brahma”, according to the verses of Vayu Puran. The suit was decreed in favour of the plaintiff priests against which BSBRT went in appeal (first) in the court of the district judge, Gaya.
The appellate court reversed the trial (civil) court judgment holding the temple to be public trust and amenable to the general superintending powers of the board.
A group of Gayawal priests headed by Kanhaiya Lal Gurda, claiming as the next friend of ‘Vishnupad Bhagwan’, had preferred this second appeal before the Patna high court. The Board’s counsel referred to documentary evidence, including Francis Buchanan’s book ‘Antiquities, Topography and Statistics of Eastern India’ and Queen Ahilya Bai Holkar’s (builder of present Vishnupad temple) texts and the ‘History of Dharmasastra’ by P V Kane.
”Vishnupad temple is a public religious trust within the meaning of Section 2(1) and Section 3 of the Bihar Hindu Religious Trust Board Act, 1950 on the grounds that (i) The Vishnupad temple is one of the most sacred of all the Vaishnava temples in India. There is a sacred imprint of Sri Vishnu’s foot in this temple. Hindus in lakhs visit the temple from all corners of India for offering pindas to their ancestors. In fact, this is the main importance of the temple”, the HC has said.
Hindus of India, wherever they reside, have an unrestricted right to access to the temple and worship the foot of lord Vishnu and offer pindas in the Vishnu temple. There has not been any restriction to any of the visitors for entering the temple and having a darshan, for the said footprint, it said.
It was stated that the admitted construction of the temple by Rani Ahilya Bai was not for Gayawal Brahmins but in her own right as one of the devotees and for general Hindus, conclusively proves that the Vishnupad temple is a public property and not the exclusive property of Gayawal Brahmins.
Every Hindu has his/her birthright to visit the temple and the same is not at the grace of the Gayawal, it added.