JUDGMENT : Pankaj Mithal, J. Many Lawyers were present representing various stakeholders and most of them who desired were heard. 2. “Machail Mata” alias Chandi Devi is a popular form of Goddess Durga deriving her name from the village Machail in Tehsil Padder, District Kishtwar of Jammu region. The Shrine of Machail Mata has a landscape of unblemished beauty with hills, glaciers and tributaries of river Chenab. The area is famous for its Sapphire mines. 3. The pindi of Machail Mata is in the “Swayambu” form. The Idol’s eyes are closed but pilgrims have experienced that she opens or flickers her eyes and by such flickering shakes of her jewellery without any outside force, wind etc. 4. The history would disclose that one Zorawar Singh Kahluria in 1834 sought the blessings of Machail Mata before crossing the mountain and river Indus with 5000 men for vanquishing army of locals of Ladakh. One Thakur Kulvir Singh of Bhaderwah visited the Shrine in 1981 and from 1987 onwards he started Chhadi Yatra from Bhaderwah to the Shrine every year in the month of July/August. 5. It takes almost 10 hours by road from Jammu to Gulabgarh (290 Kms) which is the base camp, then from Gulabgarh one has to walk a hilly terrain for 32 Kms to reach the Holy Shrine. 6. Helicopter service from Jammu to Gulabgarh and to the Shrine is also available. 7. Thakur Kulbir Singh has his own story to tell, he alleges that he was posted as supervising officer for the Padder area having 3 police posts under his charge i.e. Atholi, Machail and Sumcham (Padder) of tehsil Kishtwar in district Doda. He used to stay 15 days at Atholi and another 15 days at Machail in connection with his duties. During his posting he had spiritual experiences and he started visiting Machail Mata for worshipping and meditation. 8. Thakur Kulbir Singh was a resident of Bhaderwah. He was transferred to R.S. Pura in Jammu. Before leaving he installed a trishul in his room at Chinote, Bhaderwah. Slowly people starting visiting his house also to pay obeisance to the trishul as a holy symbol of the Mata. Thakur Kublir Singh regularly kept on visiting his home in Bhaderwah every year and used to organize Navratra Celebrations etc. He had several strange experiences and his faith in Machail Mata deepened. Slowly people starting visiting his house also to pay obeisance to the trishul as a holy symbol of the Mata. Thakur Kublir Singh regularly kept on visiting his home in Bhaderwah every year and used to organize Navratra Celebrations etc. He had several strange experiences and his faith in Machail Mata deepened. The name and fame of Machail Mata spread in the entire area and people starting visiting the shrine in large number. The offerings also increased and turned into lakhs. Therefore, he opened an account no. 4778 in the name of the deity of Shri Chandi Mata Ji with J&K Bank Ltd. Bhaderwah. The offerings received and deposited in the said account were utilised by him for holding bhandara, yagya and navratras. 9. Another bank account No. 496 in the name of Chandi Mata Machail was opened in J&K Bank Branch Atholi/Gulabgarh (Padder) by the local people, who started depositing the offerings and the donations received in the aforesaid account. 10. Sometime in the year 1988, it is alleged by Thakur Kulbir Singh that a Sanstha was created in the name and style of “Sarv Shakti Sevak Sanstha” to organize, manage, control and supervise the annual Machail Yatra. It was later registered in the year 1997 as a society under the JK Societies Registration Act. 11. The constitution of the Society “Sarv Shakti Sevak Sanstha” on record discloses that it has been established as a charitable, social, spiritual and a non-political organisation with head quarter at Bhaderwah. It aims to spread the message of Shri Chandi Mata and to uplift the spiritual values among the human beings. It further aims to develop vedic culture, universal brotherhood and to ensure necessary arrangements for the annual Machail Yatra and for the performance of all religious functions in context with Machail Mata. 12. Any person having faith in Chandi Mata by depositing Rs 5 can become a member of the sanstha, irrespective of his caste, color and creed. The whole sanstha is controlled and run by its patron Thakur Kulbir Singh. It has a executive working committee at the state level and at the block level. The executive committee of the state level comprises of 21 members who are empowered to choose among themselves a person as its president and rest of the office bearers such as secretary etc. are to be nominated by the patron in consultation with the president. It has a executive working committee at the state level and at the block level. The executive committee of the state level comprises of 21 members who are empowered to choose among themselves a person as its president and rest of the office bearers such as secretary etc. are to be nominated by the patron in consultation with the president. The meetings of the state level executive committee are supposed to be held quarterly and the quorum is two third majority of its members. 13. The funds of the sanstha are categorised under two heads first comprising of membership fee and the yatra donations, which is known as Yatra Fund and secondly general donations which have been classified as Bhawan Fund. The bank account of the sanstha is to be operated upon by two office bearers of the sanstha. The patron of the sanstha has the power to nominate three persons to the state level executive body as also to the block level committee to assist the president and the secretary. 14. It is not clear if the registration of the society has been renewed from time to time and if it continues to be a registered society as on date. 15. As the time passed the temple established by Thakur Kulbir Singh, in his house at Bhaderwah also became popular. The said temple also developed into a Shrine. However, due to family compulsion he had to purchase land (12 kanals) to shift the temple from his residential house. He allegedly established a trust for the purposes of management of the Temple at Bhaderwah, which came to be known as Sarv Shakti Shri Chandi Mata Ji Temple Trust, Bhaderwah for which a separate Bank Account No. 49327 was opened with the Punjab National Bank, Bhaderwah. 16. A trust deed dated 04.04.2017 was presented for registration and got registered on the same day by none other than the settler himself and sole trustee Thakur Kulbir Singh of Bhaderwah. 17. The trust was registered with the name Sarv Shakti Shri Chandi Mata Ji Temple Chinote Trust, Bhaderwah. It was created with the contribution of Rs. 1,08,62,686.15 (Rupees one crore, eight lakhs, sixty two thousand six hundred eighty six and fifteen paisa) which was contributed by the sole founder trustee and deposited with the J&K Bank and Punjab National Bank at Bhaderwah and with Rs. It was created with the contribution of Rs. 1,08,62,686.15 (Rupees one crore, eight lakhs, sixty two thousand six hundred eighty six and fifteen paisa) which was contributed by the sole founder trustee and deposited with the J&K Bank and Punjab National Bank at Bhaderwah and with Rs. 12,260 as cash in hand with the sole trustee. The possession and ownership of the temple and building along with allied structures on the land situated at Chinote, Bhaderwah including all articles reflected in the statement of record was donated and came to be vested in the trust fund. 18. The trust deed provides that the sole trustee shall be assisted by a management body consisting of Chairman, President, Vice-President, General Secretary, Treasurer/Cashier, Public Relation Secretary and nine members. The number of the office bearers/members of the management body can be increased or decreased by the sole trustee and they shall also be appointed by sole trustee. It also provides that every decision of the management body shall be subject to the approval of the sole trustee. He was also empowered to open new bank accounts in a schedule bank in Bhaderwah. He reserved upon himself the right to acquire, purchase, sell, mortgage, lease any moveable or immovable property of the trust. 19. The trust was solely for the charitable and religious purpose. It also provided that the temple constructed on the land of the trust as referred to above shall be maintained by the trust and it will manage the pooja and archana in the temple and would organise annual Machail yatra from the temple premises of Sarv Shakti Shri Chandi Mata Ji Temple Chinote Bhaderwah by taking the holy mace (Chari Mubarak) to Machail. 20. The trust deed further provides that the sole trustee shall have the power to add any member of his family as the trustee and to drop the trustee so added. The trust will hold meetings monthly and the quorum for the meeting would be two third of the members of the management body. All posts of the sole trustee, members of the management body are honorary. The trust deed also contains an arbitration clause and in case of any dispute amongst the management body it is referrable to the sole trustee for decision and whose decision would be final and binding upon all concern. 21. All posts of the sole trustee, members of the management body are honorary. The trust deed also contains an arbitration clause and in case of any dispute amongst the management body it is referrable to the sole trustee for decision and whose decision would be final and binding upon all concern. 21. The above trust deed clearly establishes that it is for the management of Chandi Mata Mandir at Bhaderwah which was established by Thakur Kulbir Singh initially in one of the rooms of his ancestral house and later shifted to an open land of about 12 kanals. It may be important to note that the entire money for establishment of the said temple appears to have been spent by the sole trustee who even donated handsome money of Rs. 1,08,62,686.15 (Rupees one crore eight lakhs sixty two thousand six hundred eighty six and fifteen paisa) for its due establishment and management. 22. A reading of the trust deed would reveal that though the temple has been established for religious and charitable purpose for the benefit of the public at large but it remains under control of one and only one Thakur Kulbir Singh, the sole trustee. 23. One Ajay Kumar, a practicing lawyer initiated a petition in public interest highlighting large scale financial irregularities in the management of Machail Mata Shrine and in organizing the annual yatras. He accordingly made prayers for the constitution of a Shrine Board in line with Shri Mata Vaishno Devi Shrine, Shri Mata Sukhrala Devi Ji Shrine and Shri Mata Bala Sundari Shrine and for constituting a special investigating team to investigate into the financial irregularities and misappropriation of funds of the deity. 24. In the writ petition, the Commissioner-cum-Secretary to Government, Revenue Department, Divisional Commissioner, Jammu, District Development Commissioner, Kishtwar, Sub Divisional Magistrate, Padder, Tehsildar Machail, Director General of Police, J&K, Sarv Shakti Sevak Sanstha and Sarv Shakti Shree Chandi Mata Mandir have been arrayed as the respondents with Thakur Kulbir Singh as respondent No. 10. 25. Respondent No. 8, Sarv Shakti Sevak Sanstha has filed objections to the petition contending that the petitioner is not a bonafide person and that the petition has been filed by him for oblique motives. He is not a person interested in the affairs of Machail Mata. 26. 25. Respondent No. 8, Sarv Shakti Sevak Sanstha has filed objections to the petition contending that the petitioner is not a bonafide person and that the petition has been filed by him for oblique motives. He is not a person interested in the affairs of Machail Mata. 26. It has been contended that the respondent No. 8 is a society registered under the Societies Registration Act and is responsible for the management of the holy Shrine. A group of disgruntled persons has formed a parallel organization in the name of Sarv Shakti Shri Chandi Mata Mandir and that the Crime Branch is already investigating the role of the persons involved in establishing the said organization. 27. Objections have also been filed by respondent No. 9, Sarv Shakti Chandi Mata Mandir supporting Thakur Kulbir Singh and stating that he is the most revered, respected and selfless great soul (Mahatma), who devoted his entire life worshipping Mata Machail Devi. It is on account of his efforts that Mata Machail Devi received wide spread recognition and the annual yatra commenced. 28. Respondent No. 9 has supported the establishment of Machail Mata Shrine Board to regulate the annual Machail Yatra and for control and supervision of Machail Mata Mandir. 29. Respondent No. 10 Thakur Kulbir Singh has narrated his story as told previously. 30. A compliance report has been filed by respondent Nos. 1 to 3 bringing on record the report of Divisional Commissioner, Jammu wherein he has narrated the entire facts regarding the Machail Mata as aforesaid. He has also stated that on 22nd August 2018, an unprecedented incident took place in the holy premises of the Temple during the yatra of 2018 and the two factions of the Sarv Shakti Sevak Sanstha, Kishtwar and Sarv Shakti Shri Chandi Mata Mandir, Bharderwah were embroiled in a bitter battle. They created ruckus in the premises and the Administration had to face a tough time to control the crowd by resorting to lathi charge etc. The incident was pre-planned and has given a food for thought to establish a Shrine Board for Mata Machail on the pattern of Shri Mata Vaishno Devi Shrine Board and Shri Amarnath Ji Shrine Board. 31. The incident was pre-planned and has given a food for thought to establish a Shrine Board for Mata Machail on the pattern of Shri Mata Vaishno Devi Shrine Board and Shri Amarnath Ji Shrine Board. 31. He opined that it is necessary to establish a Shrine Board, known as Machail Mata Shrine Board, Padder for the following purpose:- i. To ensure efficient and effective performance of the duties or services, conduct of worship, ritual and other religious observance in accordance with the Hindu Shastras, customs and practice. ii. To provide hygienic conditions, cleanliness and sanitation. iii. To maintain public order, morality and healthy atmosphere. iv. Management of temple endowments and funds of temple. v. Maintaining of aesthetically and ecologically sound environment. vi. Development of required infrastructure and services in the area of health and nutrition, education and literacy, opening of training centres, improved communications, basic civil amenities, with the ultimate objective of improving the quality of life in the remotest village. vii. To maintain law and order besides serenity and sanctity of the place. viii. To develop Machail Mata pilgrimage site having huge potential of Tourism Industry. ix. Organizing skill up gradation among rural youth and also creating mass awareness of tourism spots in the district. This would only increase the employment opportunity in the district but also increase the gross domestic product of the district. 32. In pursuance to the order of the High Court dated 31.12.2018, Sanjeev Verma, Divisional Commissioner, Jammu was appointed as local commissioner as well as the Receiver to prepare the inventories of the entire properties and assets of Mata Machail Devi as well as the Yatra and to place it on record. The Receiver was set at liberty to take entire records and assets of the Shrine under his custody and to conduct inspection as may be necessary. All persons and authorities connected with the Shrine were directed to cooperate with him. The local commissioner as well as the receiver was authorised to appoint such persons and officers as may be deemed fit and necessary for the purposes of effectively discharging the responsibilities. Accordingly, Divisional Commissioner, Jammu issued an order dated 07.01.2019 to the following effect: “i. Concerned Deputy Commissioners (of District Jammu, Udhampur, Doda, Kishtwar) shall forthwith inventories the entire properties and assets of the Mata Machail Shrine as well as the Yatra; ii. Accordingly, Divisional Commissioner, Jammu issued an order dated 07.01.2019 to the following effect: “i. Concerned Deputy Commissioners (of District Jammu, Udhampur, Doda, Kishtwar) shall forthwith inventories the entire properties and assets of the Mata Machail Shrine as well as the Yatra; ii. Deputy Commissioners shall immediately take the entire records and assets of the Shrine and the Yatra into their custody and possession and manage the utilization thereof. iii. Deputy Commissioners in order to prepare complete inventory shall have complete access to all the information and immovable /movable properties of the Shrine and Trust, which may include fixed deposit receipts (FDRs), bank lockers, bank accounts or where any property of the Trust is preserved or stored. iv. Deputy Commissioners shall immediately inform all the Banks in their district not to allow any withdrawal of deposits of the Mata Machail Shrine and Yatra Lead Bank Officers shall also be detailed to fulfil this task; v. Deputy Commissioners shall be at liberty to conduct such inspections as may be necessary.” 33. In context with the cement scam in an enquiry made it was discovered that between 01.04.2017 to 22.05.2018 Respondent No. 8 had purchased 12,100 bags of cement in the name of Machail Mata on concessional rates. Only 2100-2500 bags were shown to have been utilized and the rest were sold in open market on higher rates. Several complaints and FIRs were lodged against various persons in connection with the management of the Shrine even some civil litigation was also instituted. 34. On the direction of the High Court, a Government Order dated 21.02.2019 was issued by the Commissioner/Secretary to the Government constituting a Special Investigation Team (SIT) comprising of the following persons for the purposes of investigating the matter in connection with the Machail Mata: “1. Shri Bhim Sen Tuti, IPS, Deputy Inspector General of Police, Doda-Kishtwar Ramban Ranage; 2. Shri Raj Singh, JKPS Additional Superintendent of Police, Bhaderwah; 3. Shir Ayaz Ahmad Sheikh, JKPS, Deputy Superintendent of Police, Hqrs, (SDPO Kishtwar); 4. Shri Mansoor Ahmad, JKPS, Senior Prosecuting Officer, Kishtwar.” 35. Shri Bhim Sen Tuti, IPS, Deputy Inspector General of Police, Doda-Kishtwar Ramban Ranage; 2. Shri Raj Singh, JKPS Additional Superintendent of Police, Bhaderwah; 3. Shir Ayaz Ahmad Sheikh, JKPS, Deputy Superintendent of Police, Hqrs, (SDPO Kishtwar); 4. Shri Mansoor Ahmad, JKPS, Senior Prosecuting Officer, Kishtwar.” 35. The SIT constituted under the order of this High Court as per its action taken report dated 13.02.2020 has report thus: “That, during investigation conducted till date it is clearly established that the Sarv Shakti Sewak Sanstha (SSSS) had opened an account with ACC Company Ltd for purchase of cement under Non Trading Scheme for the construction of Yatri Bhawan at Gulabgarh and other constructions enroute Machail. ACC company had given them a Secret Customer Number and also provided an HDFC account no. to Sarv Shakti Sewak Sanstha (SSSS) for depositing the amount for purchase of cement. The Sarv Shakti Sewak Sanstha (SSSS) placed supply orders for the purchase of cement through Mr. Sewa Ram, the Convener of Sarv Shakti Sewak Sanstha and Mr. Dinesh Arora the President of Jammu Block of sanstha. The Sarv Shakti Sewak Sanstha (SSSS) has deposited the amount in the ACC HDFC account and obtained certain quantity of cement. Thereafter, said Dinesh Arora in criminal breach of trust and with criminal conspiracy with other accused persons shared this secret customer detail including the Virtual Customer ID number to other accused persons and got the money transferred to the ACC HDFC Bank account and obtained the cement from ACC Warehouse, Udhampur on concessional rates and either used the said cement for personal consumption or sold the same in open market in clear criminal breach of trust.” 36. A report of the Commissioner/Secretary to the Government, Tourism Department has been placed on record along with the compliance report in terms of the Court Order dated 31.12.2018. The salient features of the said report are that the Shrine of Machail Mata is basically a local religious entity confined to the State of Jammu and Kashmir (now Union Territory) with no pan India recognition. It is visited by lakhs of devotees specially during the Chari Yatra which starts from Pacca Danga Mandir in Jammu and goes via Chinote Mandir, Bhaderwah to Machail Mata Temple in Paddar. 37. It is visited by lakhs of devotees specially during the Chari Yatra which starts from Pacca Danga Mandir in Jammu and goes via Chinote Mandir, Bhaderwah to Machail Mata Temple in Paddar. 37. Basically two organisations as has also been referred to in the past i.e. Sarv Shakti Sewa Sanstha, Kishtwar and Sarv Shakti Shri Chandi Mata Ji Temple, Bhaderwah are claiming to be looking after affairs of the Shrine. On 22.08.2018 an unprecedented ugly incident took place inside the holy premises of the Machail Mata during the annual Chari Yatra wherein both the above factions were embroiled in a bitter skirmish which took an ugly turn. 38. The Commissioner/Secretary reports that according to the Deputy Commissioner, Kishtwar the bone of contention between the two organisations is the money and the power and if those organisations are left free to look after the affairs of the shrine it would create more chaos as well as law and order problem in future causing difficulty for the local administration. 39. The Commissioner/Secretary, Tourism Department further reports that the Divisional Commissioner, Jammu vide letter dated 04.12.2018 has requested the Tourism Department for the constitution of a separate Shri Mata Machail Ji Shrine Board for the smooth management of the Shrine and for the organisation of the yatra annually. 40. It may be noted at this juncture that one of the orders passed in this petition on 31.12.2018 records that “All parties before us have agreed that the affairs of the Shrine and the Yatra deserve to be taken over by a Board to be constituted by official respondents in accordance with law. In this regard, we have on record recommendation, first dated 26th September, 2018 made by Shri Angrez Singh Rana, Deputy Commissioner (District Magistrate) Kishtwar and second dated 4th December, 2018 made by Shri Rahul Sharma, Additional Commissioner, Jammu. This is a matter which brooks-no delay at all. We would, therefore direct the State Government to forthwith examine the matter and urgently take a view thereon.” 41. This is a matter which brooks-no delay at all. We would, therefore direct the State Government to forthwith examine the matter and urgently take a view thereon.” 41. The Commissioner/Secretary, Tourism Department in his report further mentions that he had met the members of the rival groups personally and the members of the Sarv Shakti Sewa Sansthan unequivocally pleaded for the constitution of a Shrine Board for the management of the Shrine and for organising annual Chari Yatra and that all the temples connected with the main temple be brought under the Shrine Board. 42. Referring to the revenue records the Commissioner/Secretary, Tourism Department reports that the land of Shri Machail Mata Shrine is entered in the name of Sarv Shakti Sewa Sansthan, Kishtwar. The other organisation Sarv Shakti Shri Chandi Mata Ji Temple, Bhaderwah owns some property of the Shrine namely that of Chandi Mata Temple, Chinote (Bhaderwah), Chandi Mata Temple, Pacca Danga, Jammu and Chandi Mata Temple, Dhami, Nagrota, Jammu. All these temples have their origin in Machail Mata Temple, Paddar and if necessary needs to be included in the Shrine Board to be constituted. 43. The Commissioner/Secretary, Tourism Department in the end after examining all the pros and cons in view of the fact that the Shrine has no pan India following and one solitary incident of violence does not warrant establishment of a separate Shrine Board, refused to recommend for a constitution of a separate Shrine Board for the temple. 44. It is pertinent to mention here that from the material on record it is clear that the Shrine consist of the following properties which are highly valuable: i. Shri Machail Mata Temple which includes: (a) Shiv Ji Temple Machail (b) Charan Paduka Temple situate between Masau and Kundail (c) Chandi Mata Temple, Atholi ii. Chandi Mata Temple, Chinote, Bhaderwah iii. Chandi Mata Temple, Pacca Danga, Jammu iv. Chandi Mata Temple, Dhami, Nagrota, Jammu 45. The offerings and the donations received by the Shrine are allegedly deposited in the following accounts: i. Branch JK Bank Padder, A/c No. 0154040100000496, opened on 01.01.2010 ii. Branch JK Bank Padder, A/c No. 0154040100010529, opened on 06.06.2010 iii. Branch JK Bank, Kishtwar, A/c No. 0031040100030083, opened on 12.08.2009 46. Chandi Mata Temple, Dhami, Nagrota, Jammu 45. The offerings and the donations received by the Shrine are allegedly deposited in the following accounts: i. Branch JK Bank Padder, A/c No. 0154040100000496, opened on 01.01.2010 ii. Branch JK Bank Padder, A/c No. 0154040100010529, opened on 06.06.2010 iii. Branch JK Bank, Kishtwar, A/c No. 0031040100030083, opened on 12.08.2009 46. There is one another account No. 49327 with the PNB, Bhaderwah in the name of Sarv Shakti Shri Chandi Mataji Temple Trust which probably to do not find mention in the reports submitted by the administration. 47. There are 51 FDRs (Term Deposit Account) bearing the title of account Sarv Shakti Sevak Sanstha total amount of which is to the tune of Rs. 6,10,15,798. 48. The details of the land purchased and received in donation for the construction of Sarv Shakti Shri Chandi Mata Ji Temple at Chinote, Bhaderwah are on record in the form of Annexure 35 to the reply of Respondent No. 10. It gives the description of the land purchased, its area, the name of the seller and the sale consideration. A list of all items/articles belonging to the temple and available in its store is also part of the above Annexure. 49. The material on record as discussed reveals that the Mata Machail Devi is possessed of enormous immovable property and other assets including cash. It has several temples under its umbrella. There had been violence in the temple premises between the factions of the two organisations claiming to be managing the Shrine. Moreover, there is an effort to siphon off the funds of the temple and in the past, a cement scam has caused financial loss to the temple. Therefore, the properties of the temple need to be protected, preserved and managed in the larger public interest and pilgrims. 50. The facts as narrated earlier leads us to hold that Mata Machail Devi is an holy place of worship with the custom of Chari Yatra attached to it, having wide recognition and faith of the people. It is an important place of worship for the Hindus who have immense faith in Chandi Devi. The temple receives abundance of money in Crores as offering and in donation. The said money received and collected though is alleged to be deposited in bank accounts. It is an important place of worship for the Hindus who have immense faith in Chandi Devi. The temple receives abundance of money in Crores as offering and in donation. The said money received and collected though is alleged to be deposited in bank accounts. It has to be properly accounted and utilized for the benefit of the pilgrims by constructing proper roads, sheds, shelters and places of stay and by providing facilities of drinking water, washrooms and toilets and many other things connected with the pilgrimage. At the same time looking to the large number of the pilgrims visiting the temple specially during the Chari Yatra, proper arrangements for their food, safety and security are also very necessary. All this appears to be not possible without the participation of the state machinery but at the same time it has to be seen that there is minimum interference of the government in the management of the place of worship. Accordingly in the facts and circumstances of the case and as agreeable by many parties, constitution of a special shrine board for the management and administration of the temple Machail Mata and for organising the Chari Yatra appears to be the best way out to maintain the sanctity of the shrine and the faith of the people in the Deity or to leave the matter to be dealt with by the appropriate civil court of jurisdiction in exercise of powers u/s 92 CPC. 51. We would have certainly left the matter untouched in exercise of our extra ordinary jurisdiction but for the fact that the petition in public interest was entertained and had been pending for about four years since 2018 and for the fact that it involves the interest of general public. 52. In Bharat we are having a number of statutes providing for the proper and better administration of some of the important temples and the matters connected there with or incidental thereto, such as Shri Jagannath Puri Temple Act, 1955, Shri Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, Madras Hindu Religious Endowments Act 1951, UP Shri Kashi Vishwanath Temple Act, 1983, Shri Mata Vaishno Devi Shrine Act, 1988, The Jammu and Kashmir Shri Amarnath Ji Shrine Act, 2000, The Jammu and Kashmir Shri Shiv Khori Shrine Act, 2008, The Jammu & Kashmir Shri Mata Sukrala Devi Shrine and Shri Mata Bala Sundari Shrine Act, 2013. 53. 53. All the aforesaid Acts provides for the better management, administration and governance of the temples and their endowments including the land and building attached to them or otherwise possessed by them and for the matter connected therewith or incidental thereto. They provide for the constitution of the board for the above purpose and the vesting of the funds and properties of the temple/shrine in the board. They envisage a multi member board under the chairpersonship of a high level government official providing for the manner of transecting the business of the board, the audit of accounts and submission of annual reports. 54. There appears to be no difficulty in either getting a scheme of the management for the above Shrine prepared under Section 92 CPC or to constitute a Shrine Board in line with the above Boards through a separate legislation which would also have a constitutional support. 55. Article 246 of the Constitution of India provides for the subject matters on which the parliament and the state legislatures can legislate. The parliament has exclusive power to make laws with respect to any of the matters enumerated in list I (Union list) of the 7th Schedule of the Constitution. It can further legislate even in respect of matters enumerated in list III (Concurrent list) of the 7th Schedule. The state legislatures have power to make laws only in respect of matters mentioned in list II (State list) of the 7th Schedule of the Constitution. 56. The state list of the schedule permits the state legislatures to enact law in respect of pilgrimages within the country. The relevant entry 7 of the state list reads as under: “7. Pilgrimages, other than pilgrimages to places outside India”. 57. In view of the above entry in the state list, the state legislature derives power to enact law in matters connected with the pilgrimages including the maintenance, management and governance of the religious places in larger public interest. 58. The concurrent list authorizes the state legislature as well as the parliament to make laws in respect of trust and trustees, charities and charitable institutions, charitable and religious endowments and religious institutions. This is by virtue of entry 10 and 28 of the concurrent list which reads as under: “10. Trust and Trustees. xxxx 28. Charities and charitable institutions, charitable and religious endowments and religious institutions”. 59. This is by virtue of entry 10 and 28 of the concurrent list which reads as under: “10. Trust and Trustees. xxxx 28. Charities and charitable institutions, charitable and religious endowments and religious institutions”. 59. A conjoint reading of the above two lists would indicate that the both the central government and the state government are empowered to make law in connection with charitable and religious institutions and endowments. The Union Territory of Jammu & Kashmir within whose territorial jurisdiction the temple of Machail Mata is located is dependent upon the central enactments. Accordingly, the Union of India has to take initiative in the present for enacting some legislation in line of earlier Acts referred to above for the better and proper management, administration and governance of the Machail Mata and for organizing Chari Yatra in connection thereto. 60. On the foundation of the above facts and circumstances of the case, we dispose of the petition finally leaving it open to the Advocate General or the public spirited persons having some interest in the temple to get a scheme of management prepared with the intervention of the court u/s 92 CPC and at the same time direct the Government of Union Territory to explore the possibility of a legislation in consonance with Acts enacted for the management and governance of similar shrines in the Union Territory or the country elsewhere. The Court expects the Government to take a positive call in this regard without any delay in the right earnest as early as possible and come up with an appropriate legislation and till such time any arrangement as aforesaid is made and enforced, we direct the Government to entrust the entire management of the Shrine in question to one of the Shrine Boards existing in the Union Territory in context with the other temples/shrines. 61. It is also important to note that enactment of statutes separately for each shrine in the Union Territory as a whole may not be an appropriate and feasible exercise. Therefore to have a consolidate and a uniform legislation for all the charitable and religious institutions and endowments within the Union territory of Jammu and Kashmir, we feel that it would be more appropriate and better if the government identifies all such institutions in the State/UT as a whole and endeavours to make a common law for all of them if necessary. 62. 62. The writ petition is disposed of accordingly.