The Rajasthan High Court has dismissed a petition challenging notice sent by Shri Devasthan Board, maintaining Shri Sarneshwar Mahadev Temple, to the petitioner to evict him from his 40 year-old shop structure in the close vicinity of the temple, observing that the petitioner was an encroacher.

The bench of Justice Kuldeep Mathur held that the Board was well within its right to initiate proceedings against the petition for removal of encroachment from the temple property for the benefit of the devotees, who otherwise face inconvenience.

It was the case of the petitioner that he was carrying a small business in the close vicinity of the temple for more than 40 years to earn his livelihood, and in case the notice sent by the Board was allowed to be executed, it would cause him financial hardship and mental agony.

After hearing the contention, the Court highlighted that the petitioner did not have any permission granted by the Board to run his shop on the temple's premises, hence, he was an encroacher.

In this light, it was observed,

“this Court prima facie finds that the petitioner has encroached upon the property belonging to Shri Devasthan Board, Sirohi. The Shri Devasthan Board, Sirohi is, therefore, well within its rights to initiate appropriate proceedings for removal of such encroachment from the temple property for the benefit of the devotees visiting the temple, who otherwise face inconvenience in smooth movement and access due to such unauthorized occupation by private individuals.”

Accordingly, the petition was dismissed.

Title: Fateh Mohammad v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 70

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