MAHANTH CHATURBHUJ DAS Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri V.P. Nag, learned standing counsel appearing for the State Respondent.

(2.) The petitioner is aggrieved by the order dated 03.03.2021 passed by the Commissioner, Ayodhya Division, Ayodhya, and also the order dated 22.05.2017 passed by the Additional District Magistrate (Finance & Revenue)/ Nazul Officer, Faizabad (now Ayodhya) and prays for a mandamus directing the respondent to allow mutation application dated 10.12.2013 filed under Rule 5A of the Nazul Manual in respect of Khasra No.51 ad-measuring 3 Bigha 10 Biswa 12 Biswansi 12 Kachwansi situated in Mohalla Guptarghat, Pargana Haveli Avadh, Tehsil Sadar, District Faizabad.

(3.) It is the case of the petitioner that he is the successor of Mahant Gopal Das, who was spiritual brother/ Gurubhai of Mahant Maha Tyagi Mohan Das Mauni Baba chela Mahanth Ram Bharosey Das. A nazul lease deed for 90 years with renewal due after every 30 years had been executed between the Secretary of State of Indian Dominion and Baba Janki Das Maharaj Phalahari Chela Sri Ram Sevak Das Ji with respect to the aforesaid Khasra No.51 on 26.07.1927. The same was registered before the Registrar, Faizabad. The lease agreement was renewed by the Competent Authority on an application made by the Mahanth Baba Ram Prasad Das chela Baba Janki Das Maharaj on 04.06.1958. Thereafter, the lease agreement was renewed on an application of Mahanth Mohan Das Mauni Baba on 30.07.1997 with effect from 1987, which was also a registered agreement. Mahanth Mohan Das executed a Will in favour of Mahanth Gopal Das and after death of Mahanth Mohan Das, Mahanth Gopal Das filed a mutation application and his name was noted in the revenue record and he remained in possession over the said Khasra No.51 till his death.