The Gujarat High Court has dismissed a batch of appeals challenging findings that disputed land attached to the historic Shri Yavteshwar Mahadev Temple in Vadodara belongs to a public trust and not to the erstwhile Baroda royal family or subsequent purchasers. Justice J. C. Doshi upheld concurrent findings recorded by charity authorities and the district court, bringing a decades-long ownership dispute closer to its conclusion.
Background of the Case
The dispute concerned Survey Nos. 9 and 10, forming part of a larger parcel of land near the Yavteshwar Mahadev Temple in Vadodara. The Collector of Vadodara, acting as ex-officio trustee and administrator of the temple trust, had initiated proceedings seeking a declaration that the land formed part of the trust property.
According to the trust, the temple and adjoining lands were historically dedicated to religious purposes and were recorded in the temple’s name before a 1956 mutation entry placed the land in the name of the Maharaja of Baroda. The trust challenged that change, arguing that it had been made without proper notice and contrary to legal procedure.
The Maharaja’s side maintained that the land was private property retained by the royal family after the merger of the princely State of Baroda with the Union of India. Purchasers who later acquired portions of the land also claimed protection as bona fide buyers.
Proceedings Before Charity Authorities
The Assistant Charity Commissioner, after examining oral and documentary evidence, concluded that the disputed lands belonged to Shri Yavteshwar Mahadev Trust and directed that they be entered in the Public Trust Register. Appeals before the Joint Charity Commissioner and later before the District Court were unsuccessful, leading to the present proceedings before the High Court.
Court’s Observations
Justice Doshi noted that several historical records, revenue documents, maps, temple records and other materials consistently indicated that the disputed lands were attached to the Yavteshwar Mahadev Temple and were dedicated for its maintenance. The court found that the evidence supported the conclusion that the lands had long been associated with the temple trust.
The High Court also examined the 1956 mutation entry that formed the basis of the Maharaja’s claim. The court observed that the entry appeared to have been made on the basis of a communication from the Executive Engineer which did not specifically state that the disputed temple lands belonged to the Maharaja.
“The letter of the Executive Engineer was in regards to the immovable property of Hirabag Bungalow,” the court observed, adding that the revenue authorities had mutated the Maharaja’s name in respect of the temple land through a “complete misreading” of that communication.
On the argument that the trust’s claim was delayed and barred by limitation, the court rejected the contention. It held that inquiries under Section 22A of the Gujarat Public Trusts Act could be initiated whenever omitted trust properties came to light.
“The word ‘any time’ and ‘may make further inquiry’ appeared in Section 22A makes it clear that these inquiries are not subject to law of limitation,” the judgment stated.
Decision
Finding no legal error in the concurrent conclusions reached by the Assistant Charity Commissioner, Joint Charity Commissioner and District Court, the Gujarat High Court upheld the determination that the disputed Survey Nos. 9 and 10 form part of Shri Yavteshwar Mahadev Trust property.
The court dismissed the appeals filed by the representatives of the erstwhile Baroda royal family and by purchasers claiming rights over the land, thereby affirming the entry of the disputed property in the Public Trust Register as trust property.
Case Detiails:
Case Title: Kishanji Maganji Thakore & Ors. vs Collector of Baroda & Ors.
Case Number: R/First Appeal No. 1611 of 1991 (with connected matters including FA No. 1517 of 1991)
Judge: Justice J. C. Doshi
Decision Date: June 17, 2026
