The Uttar Pradesh government has approached the Supreme Court, seeking permission to take over the management of eight Mathura temples that are currently under the receivership of court-appointed advocates. The state aims to ensure better administration of these temples while legal proceedings continue.

Senior Advocate Navin Pahwa, representing the UP government, emphasized the need for a more efficient management system. He stated before the bench of Justice Bela Trivedi and Justice SC Sharma:

"We request your lordships to issue directions for an early resolution of civil proceedings. Until then, the administration should be entrusted to a state-appointed body comprising local individuals with expertise in temple management."

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Pahwa also referenced a newly enacted state legislation aimed at protecting and preserving the heritage of Mathura temples. According to the Act, a specialized expert committee would oversee temple affairs until the legal disputes are resolved.

He further added that these temples receive substantial donations from devotees, necessitating the appointment of proper receivers to ensure transparency and accountability in fund management.

The matter was brought before the court after a plea was filed by Ishwar Chanda Sharma, who had been appointed as a temple receiver by a Mathura court. However, the Allahabad High Court later overturned this appointment and sent the matter for fresh consideration. In December 2024, the Supreme Court raised concerns regarding the appointment of advocates as receivers of temples.

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Banke Bihari Temple: A Special Case

One of the key issues raised was regarding the Shri Banke Bihari Temple, established in 1864. Advocate Pahwa highlighted the immense footfall at the temple, stating:

"Every weekday, around 40,000 to 50,000 devotees visit the temple. On weekends, the number increases to 1.5 to 2 lakh, and during festivals, it exceeds 5 lakh visitors. Despite this, the main temple area is just 500 square yards."

To manage the growing number of devotees, the state government had earlier sought to purchase five acres of land to develop better infrastructure. While the Allahabad High Court had approved the plan, it ruled that temple funds could not be used for land acquisition. Now, the UP government is seeking Supreme Court approval to utilize temple funds for this purpose.

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The appellants, represented by AOR Abhikalp Pratap Singh and Advocate Kartikay, argued that under Order 40 of the Civil Procedure Code (CPC), there is no restriction on appointing advocates as receivers. They emphasized:

"The appointment of receivers is at the court’s discretion. Advocates are well-equipped to handle legal and managerial responsibilities, making them suitable candidates for receivership."

They also referred to a High Court order that stressed the importance of appointing temple managers who are well-versed in religious scriptures:

"Now, time has come when all these temples should be freed from the clutches of practising advocates of Mathura Court. Courts should appoint receivers who have religious knowledge and are connected with temple management."

On the other hand, Advocate Prachi Nirwan, representing the respondents, opposed the state’s request, arguing that government involvement could interfere with temple autonomy. She cited Section 22 of the Religious Endowments Act, 1863, which prohibits government control over religious properties. Nirwan contended:

"The government cannot take charge of temple funds, as it would directly impact the temple’s existing management committee."

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The Allahabad High Court had earlier noted that out of 197 temples under court receivership in Mathura, civil disputes related to several temples have been pending for decades. The court observed:

The Allahabad High Court had earlier noted that out of 197 temples under court receivership in Mathura, civil disputes related to several temples have been pending for decades. The court observed:

Among the major temples under receivership are:

• Radha Vallabh Mandir, Vrindavan
• Dauji Maharaj Mandir, Baldeo
• Nandkila Nand Bhawan Mandir, Gokul
• Mukharbind, Govardhan
• Danghati, Govardhan
• Anant Shri Bhibhushit, Vrindavan
• Mandir Shree Ladli Ji Maharaj, Barsana

Dr. Subramanian Swamy, represented by Advocate Vishesh Kanodia, also filed an application opposing the UP government’s plea. He argued that handing over temple management to the state would violate the fundamental rights of devotees under Articles 14, 25, 26, and 31A of the Constitution.

Since Swamy’s application was not officially listed for hearing, he was not allowed to argue the matter in court.

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The Supreme Court is now reviewing multiple aspects of the case, including:

1. Whether the UP government should be permitted to manage the temples.
2. The validity of advocates being appointed as receivers.
3. The use of temple funds for infrastructure expansion.

The court is expected to issue directions to ensure that temple management is handled efficiently while respecting the religious rights of devotees. The decision will have far-reaching implications on temple administration across Uttar Pradesh and potentially other states facing similar issues.

Case Title: Ishwar Chanda Sharma vs. Devendra Kumar Sharma & Ors., Diary No(s). 52096/2024