2 weeks ago
Rajasthan High Court upholds gurudwara attachment; faith can't prove ownership
A court in Rajasthan said a big, old argument about who owns a Sikh temple can't be solved just because someone is very faithful or has been taking care of it for a long time.
Two groups were fighting over the temple.
One night, a large group of people with weapons tried to climb the wall to get in.
The police then took temporary control of the temple to keep the peace.
A woman in charge of the temple asked the high court to undo that decision, but the court said no.
The court said being religious doesn't prove you own a building.
It also said no rule says every Sikh temple must be managed by the big central committee.
The temple will stay under temporary official control until the real owners can be decided elsewhere.
The court also remembered an old article by Mahatma Gandhi, who said places of worship help people reach the "unseen."
The final decision about who really owns the temple will be made later by a proper court.
The Rajasthan High Court upheld the October 3, 2025 order attaching Gurudwara Mehtabgarh Sahib in Hanumangarh and appointing a receiver.
Justice Farjand Ali ruled that faith, however profound, cannot by itself establish dominion, title, or exclusive possession over property.
The preventive action followed a reported incident in which 50-60 people allegedly tried to enter the gurudwara carrying weapons around 3:15 am on October 3, 2025.
The court found no legal provision, practice, or tradition requiring every gurudwara to be centrally controlled by the SGPC, nor material showing the property was owned by the SGPC.
The court said the attachment is a temporary measure to preserve peace, not a declaration of a winner, and left questions of title and ownership open for the competent forum.
- Who
- Justice Farjand Ali of the Rajasthan High Court, and petitioner Harmeet Kaur, the mukhya sewadar of Gurudwara Mehtabgarh Sahib.
- What
- The court upheld the SDM's attachment of Gurudwara Mehtabgarh Sahib and the appointment of a receiver, ruling that faith and long-term management do not prove ownership.
- Where
- Rajasthan High Court, concerning Gurudwara Mehtabgarh Sahib in Hanumangarh, Rajasthan.
- When
- The high court order was delivered on August 12; the SDM's attachment order was dated October 3, 2025, and a trial court upheld it on November 18, 2025.
- Why
- To preserve peace after a group allegedly tried to enter the gurudwara carrying weapons, and because faith alone cannot establish title to property.
Devotees and local management
High Court and authorities
Does faith establish ownership?
Devotees and local management
Harmeet Kaur and devotees argue that genuine, deep-rooted faith and managing the gurudwara since 2016 support their claim over the property.
High Court and authorities
The High Court held that no matter how profound, faith cannot by itself establish dominion or title without a lawful source of right.
Role of the SGPC
Devotees and local management
The petitioner's case involved claims concerning the management of the gurudwara and the role of the Shiromani Gurdwara Parbandhak Committee.
High Court and authorities
The court found no legal provision, established practice, tradition, or material establishing that the property was owned by the SGPC or required central control.
Was the attachment justified?
Devotees and local management
The petitioner argued that Sections 164 and 165 of the BNSS did not authorise the magistrate to disturb possession of the property.
High Court and authorities
The court found clear, reliable material showing an imminent danger of breach of peace and held that attachment was a temporary measure to preserve peace, not a declaration of a winner.
Key facts
- Court
- Rajasthan High Court
- Judge
- Justice Farjand Ali
- Petitioner
- Harmeet Kaur, mukhya sewadar of Gurudwara Mehtabgarh Sahib
- Disputed property
- Gurudwara Mehtabgarh Sahib, Hanumangarh, Rajasthan
- SDM attachment order
- October 3, 2025
- Legal provisions
- Sections 164 and 165, Bharatiya Nagarik Suraksha Sanhita (BNSS)
- Receiver
- Station House Officer (SHO), Goluwala police station
- Gandhi article cited
- "Harijan", March 18, 1933
Quotes
Justice Farjand Ali
Judge of the Rajasthan High Court
“The faith of the petitioner or of any other devotee may be genuine, deep‑rooted and unquestionable; but such faith, however profound, cannot by itself establish dominion over the property.”
indianexpress.com
Sources
Related news
Indore High Court Resolves 72-Year Ram Mandir Management Dispute
Supreme Court signals Mathura suits return to Allahabad High Court
Telangana High Court Limits Forest Interference in Vikarabad Masjid Affairs
Supreme Court defers challenge to Bodh Gaya Temple Act management
Gurugram's Friday Namaz Restricted to Six Sites Amid Majoritarian Politics
Sikh Prisoner Parole Returns to Punjab’s Election Politics
BJP-SAD Alliance’s Long Political History Shapes Possible Patch-Up
Akal Takht Jathedar urges global Sikh prayers for Bandi Singhs
Punjab’s Law, Akal Takht Authority Collide in Unresolved Confrontation
Ram Rahim Furlough Revives Punjab’s Dera-versus-Panthic Politics