KUTCHI LAL RAMESHWAR ASHRAM TRUST EVAM ANNA KSHETRA TRUST THR. VELJI DEVSHI PATEL Vs. COLLECTOR, HARIDWAR & ORS.

JUDGEMENT

(1.) This appeal has arisen from a judgment rendered on 15 May 2007 by a Division Bench of the High Court of Uttarakhand at Nainital. Finding no substance in the writ petition filed under Art. 226 of the Constitution, the High Court affirmed the order passed by the Collector, Haridwar on 12 May 2003 holding that the property in dispute stands vested in the government under Sec. 29 of the Hindu Succession Act, 1956. This finding has been premised on the basis that there exists no heir to succeed to the property following the death of Mohan Lal.

(2.) The petitioner claims to be a public trust registered under the Bombay Public Trusts Act, 1950. The Trust claims to have a vast amount of property at Haridwar which is being used for charitable purposes including (i) arranging for the stay of pilgrims and saints who visit Haridwar and providing food and other facilities to them; and (ii) performing and organizing religious functions. The petitioner conducts a Sanskrit Vidyalaya as well as a dispensary.

(3.) Swamy Udhav Das Ji Maharaj was visually challenged. On 28 Nov. 1955, he is stated to have purchased land admeasuring two bighas and fifty khewat at Haridwar in the name of his chela, Mohan Lal. According to the petitioner, the Swamy founded the Kutchi Lal Rameshwar Ashram Trust. He is stated to have executed a will on 22 Oct. 1956 nominating some individuals who would manage and administer his properties, including the property in question, after his lifetime. According to the petitioner, this was a second registered will executed by the Swamy since some of those who were nominated in an earlier registered will were not inclined to accept the responsibility.