HARI SHARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rahul Jain, Advocate holding brief of Sri Kunal Ravi Singh, learned counsel for petitioners, Sri Rajeev Sharma and Sri Abhishek Sharma, learned counsel for respondent nos.2 to 4, learned Standing Counsel for respondent no.1 and perused the record.

(2.) This Misc. Civil Petition under Article 227 of the Constitution of India has been filed by the petitioners for quashing of order dtd. 13/5/2022 passed by District Judge, Mirzapur in Misc. Case No.02 of 2017 (Hari Sharan Singh and another Vs. State of U.P. and others).

(3.) The brief facts of the case are that one temple of Thakur Ji was constructed by Dhaneshwari and Bageshwari sons of Devraj and deity Thakur Laxmi Narain Ji was installed therein. Dhaneshwari and Bageshwari both were unmarried. They donated their agricultural land situated in Village Bairaini Kewtabeer and Semari, Pargana Kasiwar Taluka Majhwa, Tehsil Sadar, District Mirzapur through registered deed on 3/2/1932. It is provided in the deed that during the life time they manage the agricultural land which was donated to the temple Thakur Laxmi Narain Ji and after their death the maintenance and management of temple was conducted by Thakur Shisht Narain son of Ram Kumar Singh, Thakur Mata Prasad Singh son of Kalika Singh, Batuk Singh son of Babulal Singh Gautam and Pt. Shivbaran son of Thakur Dayal Upadhaya, all residents of the same village. It is also provided that one Chandrika son of Rajnarain Upadhaya, resident of aforesaid village will perform the worship. It is also provided that worship will be performed by Chandrika son of Rajnarain Upadhaya and his family members and in absence of any family members of Chandrika, Shisht Narain Singh, Mata Prasad and others were authorized to appoint Pujari of the temple. It is further provided in gift deed that no person is authorized to sale out or mortgage the land donated to Temple.