HC clears way for trial in Jathia Devi temple land case linked to proposed Antemagnet township
Shimla, Nov 30,
In a significant development with implications for the State’s proposed antemagnet township near Shimla Airport, the Himachal Pradesh High Court has dismissed an appeal filed by the legal heirs of former Deputy Commissioner Mahinder Lal, thereby allowing a long-pending civil suit over the historic Jathia Devi Temple estate to proceed to full trial.
The Division Bench of Chief Justice Gurmeet Singh Sandhawalia and Justice Jiya Lal Bhardwaj delivered the ruling on November 28, affirming that the allegations surrounding the alleged illegal alienation of over 274 bighas of temple-linked land raise issues too substantial and complex to be rejected at the threshold.
At the heart of the dispute is the revered Jathia Devi Temple, a shrine believed to have existed prior to 1871 and associated with the erstwhile Keonthal princely state. Local worshippers and right-holders, who invoked Section 92 of the Civil Procedure Code, maintain that the temple and its muafi estate were endowed for public religious purposes. They allege serious breaches of fiduciary responsibility by successive Pujaris or Mohatmins who, they claim, facilitated questionable land disposals over the decades.
Central to the controversy is a 15.02-bigha parcel allegedly sold in 1986 to then Deputy Commissioner Shimla, Mahinder Lal. The plaintiffs assert that revenue records were tampered with—charand (grazing) land was reclassified as ghasni, and mutations were attested clandestinely to enable transactions prohibited under revenue law. The broader estate, spread over nearly 260 bighas surrounding the shrine, is now caught in an intense legal and public-interest contest.
The legal heirs of Mahinder Lal—arrayed as defendants No. 23 and 24—had sought rejection of the plaint under Order 7 Rule 11 CPC, contending that the suit was barred by limitation, that the plaintiffs lacked locus standi, and that Section 92 was inapplicable to what they described as the absence of a formal trust structure. They further argued that a private sale deed executed decades ago could not be scrutinised under a Section 92 proceeding.
These objections were firmly rejected by the Division Bench, which upheld a previous Single Judge order refusing to terminate the suit prematurely. The Court observed that the allegations—ranging from fraud and manipulation of land records to misuse of official authority and unauthorised alienation of muafi land—require detailed examination through evidence. It reiterated that questions of limitation and the validity of transfers of religious or trust property are mixed questions of fact and law and cannot be adjudicated at the stage of plead rejection.
The Bench also reaffirmed the long-held legal position that worshippers of a public religious institution possess adequate interest to challenge alleged mismanagement or misappropriation of its estate. It noted that under Section 92(1)(h) CPC, courts have the power to grant appropriate relief depending on the nature of the allegations and evidence brought forth.
With the dismissal of the appeal, the litigation over the Jathia Devi Temple estate—land located strategically within the planning ambit of the State’s upcoming antemagnet township—now stands poised for comprehensive adjudication before the trial court. The proceedings will determine questions of alleged breach of trust, the legality of past land transfers, and the fate of nearly 260 bighas of temple-linked land whose lineage is deeply rooted in the royal and religious history of the region.
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.