Dayanand Giri Guru Shaymalhari Giri vs the Sub Divisional Officer or Sub Divisonal Magistrate and Others — Bombay HC (2026) — LawSathi Research

Dayanand Giri Guru Shaymalhari Giri vs the Sub Divisional Officer or Sub Divisonal Magistrate and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Desealing of the premises necessary for devotees permitted from 09 February 2026 to 16 February 2026 per the modified joint schedule; both parties directed to act on the schedule submitted on 06 February 2026; Tahsildar, Mantha and Police Officer, Partur to incorporate additional conditions; expressly a temporary arrangement not prejudicing either party's rights in the pending Writ Petition.

Issue for consideration

Whether the Sub-Divisional Magistrate should be directed to unseal the portion of the Mahadev and Tripura Sundari temple premises sealed by the Administrator on 11 December 2025, so as to enable the Applicant to conduct religious activities, including traditional rituals, on the eve of the Maha Shivratri Festival. +1 more

Court's answer

Taking into consideration the modified schedule agreed between the Applicant and Respondent No.3, both parties are directed to act upon the modified schedule submitted to the Court on 06 February 2026.

Ratio / Principle

The Tahasildar, Mantha, is directed to permit the Applicant and Respondent No.3 to perform the rituals by desealing the premises necessary for the convenience of devotees attending the rituals from 09 February 2026 to 16 February 2026, as stated in the modified schedule.

Key takeaways

The Tahsildar, Mantha, as well as the concerned Police Officer, Partur, are directed to incorporate additional conditions to be followed by the Applicant and Respondent No.3 during the period from 09 February 2026 to 16 February 2026.ratio¶¶21
The arrangement is expressly only a temporary arrangement during the pendency of the Writ Petition, taken in view of the upcoming festival of Maha Shivratri.ratio¶¶22
The temporary arrangement shall not prejudice the rights of either the Applicant or Respondent No. 3 in the present petition.

Detailed headnote1 paragraphs

Criminal Application No. 510 of 2026 (filed in pending W.P. 1727/2025), High Court of Judicature at Bombay, Aurangabad Bench (Mehroz K. Pathan, J.), disposed of on 06 February 2026. Following the demise of Shaymalhari Giri Maharaj on 23 February 2025, a succession dispute arose between the Applicant and Respondent No.3 over the Mahant Shiv; a portion of the Mahadev and Tripura Sundari temple premises had been sealed by the Administrator on 11 December 2025. The Applicant sought a direction to the Sub-Divisional Magistrate to unseal the premises so as to conduct religious activities, including traditional rituals, on the eve of the Maha Shivratri Festival. Respondent No.3 objected on the succession dispute. An amicable solution emerged: a modified schedule (minutes signed by both parties with the Sub-Divisional Magistrate's concurrence, marked 'X') allowing both parties to conduct the programme jointly and simultaneously from 09 February 2026 to 16 February 2026. The Court directed both parties to act on that schedule, directed the Tahasildar, Mantha to permit performance of rituals by desealing the premises necessary for devotees during that period, and directed the Tahsildar, Mantha and the concerned Police Officer, Partur to incorporate additional conditions. The Court stressed the arrangement is temporary, for the pendency of the Writ Petition and the festival, and shall not prejudice either party's rights in the petition.

2026:BHC-AUG:5242

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 510 OF 2026

IN WP/1727/2025

DAYANAND GIRI GURU SHAYMALHARI GIRI VERSUS

THE SUB DIVISIONAL OFFICER OR SUB DIVISONAL MAGISTRATE AND OTHERS

Advocate for Applicant : Mr. Joshi Milind Madhu

APP for Respondents/State : Mr. R. K. Ingole

Advocate for Respondent No.3 : Mr. S.S. Jadhavar

CORAM : MEHROZ K. PATHAN, J. DATE : 6^th FEBRUARY 2026

PER COURT :

The present application is filed by the Applicant, praying for a direction to the Sub-Divisional Magistrate to unseal the portion of the temple premises of Mahadev and Tripura Sundari, which was sealed by the Administrator on 11 December 2025, so as to enable the Applicant to conduct all religious activities, including traditional rituals, on the eve of the Maha Shivratri Festival, as scheduled and stated in the application.

Notices were issued on the application, and the contesting Respondent No.3 as well as the Sub-Divisional Magistrate were asked to take instructions regarding the prayer made by the Applicant during the pendency of the main Writ Petition. Respondent No.3 has

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entered appearance through Advocate Jadhavar, who raised strong objections to the application being allowed in favour of the Applicant. Respondent No.3 submits that serious disputes exist between the Applicant and Respondent No.3 concerning the succession of the Mahant Shiv following the demise of Shaymalhari Giri Maharaj on 23 February 2025. Accordingly, Respondent No.3 objects to granting any permission to the Applicant to conduct the programme as scheduled, in the midst of the Shivratri festival. The learned APP was therefore requested to take instructions from the Sub-Divisional Magistrate regarding the modalities to be adopted if the programme prayed for is permitted.

After hearing Respondent No.3 as well as the Sub-Divisional Magistrate, an amicable solution was sought. Accordingly, the Applicant and Respondent No.3 have submitted a modified schedule of the programme, permitting both parties to conduct the programme jointly and simultaneously from 09 February 2026 to 16 February 2026. A copy of the minutes of the schedule of the programme undertaken and signed by the Applicant and Respondent No.3, with the concurrence of the Sub-Divisional Magistrate, is placed on record and marked ‘X’ for identification.

Thus, taking into consideration the modified schedule of programme agreed between the Applicant and Respondent No.3, both parties are directed to act upon the modified schedule submitted to this Court on 06 February 2026. The Tahasildar,

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Mantha, is directed to permit the Applicant and Respondent No.3 to perform the rituals by desealing the premises necessary for the convenience of devotees attending the rituals from 09 February 2026 to 16 February 2026, as stated in the modified schedule of programme.

The Tahsildar, Mantha, as well as the concerned Police Officer, Partur, are directed to incorporate additional conditions to be followed by the Applicant and Respondent No.3 during the period from 09 February 2026 to 16 February 2026.

Needless to mention, this is only a temporary arrangement during the pendency of the Writ Petition, taking into consideration the upcoming festival of Maha Shivratri, this arrangement shall not prejudice the rights of either the Applicant or Respondent No. 3 in the present petition.

With the above directions, the Criminal Application is disposed of.

MEHROZ K. PATHAN JUDGE

NAJEEB..