VINDA PRASAD AWASTHI Vs. UP ZILA ADHIKARI

JUDGEMENT

(1.) Heard the counsel for the parties and perused the record.

(2.) This writ petition is directed against the order dated 20.2.2001 passed by respondent No. 1, Annexure-4 to the writ petition, by which the fishery lease of the pond has been granted in favour of Gulab Chandra, respondent No. 3, for a period of ten years. A writ of mandamus has also been prayed directing the respondents not to interfere in the peaceful possession of the petitioner over the pond in dispute.

(3.) The pond situated in plot Nos. 1921, 1922, 1923, 1924, 1925, 1926, 1927 and 1928 of village Lade-ka-purwa, which are alleged to have originally belonged to one Gangadhar Rao Gore alias Baba Sahab Gore, who was Diwan of Nawab of Banda. It is stated that after the death of Gangadhar Gore, his property including the pond and temples was inherited by his successor Balwant Rao Gore. After the death of Balwant Rao Gore, his son Kashi Nath Gore inherited the property including the pond and the temples. He appointed Sri Ram Prapannacharya as pujari of the temple and also for the management of the attached property including the pond. During the period of Sri Ram Prapannacharya, who was acting as worshipper in the temple, one Khan Bahadur Shaikh Masaddujjama filed Title Suit No. 251 of 1937 against Mahant Ram Prapannacharya and Kashi Nath Gore claiming title over the aforesaid plots in dispute and also claiming the title over the plots situated out of the bank of the tank, which was dismissed in toto vide Judgment and order dated 19.5.1938. Aggrieved, Khan Bahadur Shaikh Masaddujjama filed Appeal No. 65 of 1938, which was also dismissed vide judgment and order passed by the Additional Civil Judge, Banda, dated 15-9.1942. The said judgment and order dated 15.9.1942 was not challenged in any higher court and it became final between the parties. Thus the ponds situated in plot Nos. 1921 to 1928 and temple, goshala, etc. in dispute remained property of Gore family.