VASHISTHMUNI DUBEY Vs. DY.REGISTRAR,FIRMS SOC

JUDGEMENT

(1.) This petition has been filed challenging the order dated 22.11.2018 passed by the Deputy Registrar, Faizabad Mandal, Faizabad/Ayodhya rejecting the application of petitioner for registering a society under his management for the purpose of management of Sri Ram Janki Mandir.

(2.) It has been submitted by learned counsel for petitioner that one Sri Brij Mohan Singh was Zamindar of the village concerned and he had from his own resources got a temple constructed in which idols of Sri Ram Janki were installed and pranprathistha was done. The total area admeasuring 2.15 acres situated in village Sarai Gopal, Pargana Chanda, Tehsil Kadipur, District Sultanpur was dedicated in the name of deitee to be utilized for the purpose of upkeep of the temple concerned and for daily pooja archana and to meet out other miscellaneous expenses. The document dated 19.11.1962 is in the nature of Gift Deed in the name of Sri Ram Janki. The khatauni which was made out at the time when Gift Deed of Sri Brij Mohan Singh was recorded, also recorded the four plots of land as belonging to deity Sri Ram Janki and its Sarvarakaar/Vali was Satau @ Ram Aksheywar Tiwari. In the consolidation operation also, the name of Sri Ram Janki has been recorded as Bhoomidhar and four plots of land have been consolidated and given new number i.e. 72. After death of Satau, his son Kripa Shankar Tiwari has taken possession of the temple concerned and utilizing the land attached for the benefit of temple for his own livelihood. The petitioner being a resident of the village concerned has tried to get a society registered for taking care of the temple concerned and filed an application in this regard to the Deputy Registrar. The Deputy Registrar sought a report from the SDM concerned. In response to the letter sent by the Deputy Registrar, SDM asked the Area Lekhpal to submit his report, who has submitted a false/misconceived report on 9.10.2018 saying that the temple and the land pertinent thereto belonged to Ram Aksheywar Tiwari and on his death his son Kripa Shankar Tiwari is doing pooja in the temple concerned. On the basis of said report, impugned order has been passed by the Deputy Registrar saying that petitioner has neither ownership/title of the temple and its properties nor is in any way related to the management and therefore, no society can be registered as proposed in the application of the petitioner.

(3.) It has been submitted by the counsel for petitioner that as is evident from the Gift Deed dated 19.11.1962, Ram Aksheywar Tiwari @ Satau was the only Sarvarakaar of the property which was dedicated to the deity. The Bhoomidhari of the property belonging to temple was also recorded in the name of Sri Ram Janki. In the consolidation operation, the Lekhpal has submitted a false report that the property belongs to Satau and got transferred to his son Kripa Shankar Tiwari.