New Delhi: The Supreme Court on Monday (August 4) criticised the Uttar Pradesh government for the "tearing hurry" in which it promulgated the Shri Bankey Bihari Ji Temple Trust Ordinance, 2025, to take over the management of the Bankey Bihari temple in Vrindavan, Mathura, LiveLaw reported.

The apex court also expressed disapproval of the "clandestine manner" in which the Yogi Adityanath government secured permission from the court on May 15 to use the temple funds for the corridor development project in Mathura, by filing an application in a civil dispute.

A bench of Justices Surya Kant and Joymalya Bagchi was hearing petitions challenging the ordinance. 

The dispute traces back to longstanding internal differences between the two sects of sewayats of the Banke Bihari Temple. In November 2023, the Allahabad high court had given a nod to the UP government for the corridor development project but refused permission to use funds from the bank account of the deity.

In March 2025, the high court appointed Advocate Sanjay Goswami as amicus curiae to assist in resolving management-related complexities. Meanwhile, the state promulgated an ordinance, proposing to create a statutory trust.

On May 15, the 2023 order was modified by the Supreme Court, which permitted the UP government to use funds for acquiring five acres of land around the temple for corridor development, on the condition that the acquired land shall be registered in the name of the deity.

Senior Advocate Shyam Divan, appearing for the former management of the Banke Bihari Temple, submitted that the ordinance removed the Goswamis, who used to manage the temple, and instead vested the management under government control. The directions by the Supreme Court (on May 15) were passed "behind the back of the management", he argued.

Justice Kant said, "Was there any court-appointed receiver? It was not a case of no man’s land. Someone had to be heard on the behalf of the temple. If civil judge was monitoring, civil judge could have been issued notice… Some public notice should have been issued by this court… that on account of the pending dispute between the warring groups...this is what we are proposing...temple funds will have to be utilised for pilgrims, can't be pocketed by private persons."

The bench proposed to recall the directions in the earlier judgement that allowed the state government to use temple funds and also to constitute a committee headed by a retired high court judge to oversee the management of the temple while the validity of the ordinance is being decided.

Criticising the UP government for using a “clandestine” approach, Justice Kant added, "If the state wanted to carry out any development, what prevented it from doing as per law? Whether land is private or not, that issue can be adjudicated by a court… state is coming in a clandestine manner, not allowing them to be heard… we don't expect this… state should have informed them, in all fairness," as reported by LiveLaw.

It adjourned the hearing of petitions till tomorrow to enable Additional Solicitor General K.M. Nataraj to hear back from the Adityanath government on the proposals and orally expressed that it will relegate the parties to the high court to challenge the ordinance and meanwhile, the temple management will be under the committee headed by a retired judge. The court added that it can also involve the Archaeological Survey of India (ASI) for the planning for the a development of the area.

Temple rituals, meanwhile, will be continued by the family as before, the top court said.

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