MAHANT RAMANAND Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) In the writ proceedings before the High Court of Uttarakhand, an order dated 1 Sept. 2005 of the Collector, Haridwar was challenged. The High Court by its judgment dated 15 May 2007 dealt with two writ petitions. The decision on the first has been dealt with in the judgment delivered today in Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Thr. Velji Devshi Patel Vs. Collector, Haridwar, (Civil Appeal No. 3878 of 2009).

(2.) In the present case, proceedings were initiated before the Collector on a report submitted on 4 Aug. 2004 by the Inspector in-charge Kotawali, Haridwar stating that Mahant Dharmanand, a disciple of Amritanand (resident of Pili Kothi Bhopatwala, Pargana Jwalapur, District Haridwar) was murdered by unknown persons and no disciple or successor of the deceased was reported. The Tehsildar in a report dated 26 Aug. 2004 stated that the name of Dharmanand was entered in the revenue records since 2004. The Tehsildar opined that there being no legal heir, the property stands vested in the state government by escheat.

(3.) Notices were published in the newspapers by the Collectorate, calling for objections. The Collector noted in his order that among the applications received in response to the notice was one by a person by the name of Dayasagar stating that the saints of the Chidanandji Sect are the true and lawful heirs. The petitioner submitted his objection claiming to be a disciple of late Amritanand, Mahant Dharmanand and stated that he was the occupier of the Garibdasi, Chidanand Ashram, Pili Kothi Bhopatwala, Haridwar. The petitioner claimed that he was the guru bhai of late Mahant Dharmanand and that during the lifetime of Amritanand, the names of Dharmanand and the petitioner were included in the ration cards. According to the petitioner, he was made Gaddinashin following the customs and practices of the Pilikothi, Garibdasi Sant Samaj and Sant Mandal, Haridwar. The Collector noted that Dharmanand was murdered by unknown persons and a criminal case was registered under Sec. 302 of the Penal Code. Following the death of Dharmanand, it was found that he had not left behind a natural heir and there were a number of people disputing the property of Chidanand Ashram. The Collector noted that in order to obviate a breach of law and order, the property was taken into government custody.