Supreme Court of India · 2005-07-28
Vinayaka Dev Idagunji & Ors vs Shivaram & Ors
- Citation / case number
- AIR 2005 SUPREME COURT 3081
- Court
- Supreme Court of India
- Petitioner
- Vinayaka Dev Idagunji & Ors
- Respondent
- Shivaram & Ors
- Author
- Arun Kumar
- Bench
- B.P. Singh, Arun Kumar
Judgment text excerpt
The Supreme Court held that a suit to establish hereditary rights of archaks in a temple is a private right and not a public right under Section 50 of the Bombay Public Trusts Act, 1950. The Court clarified that the plaintiffs, as hereditary archaks, have a right to perform their duties and receive offerings, which are not part of the temple's income. The Court ruled that the trustees cannot unilaterally terminate the archaks' rights without due process, thus upholding the plaintiffs' claim against the trustees' actions.