RAM SHIROMANI PANDEY Vs. MANOJ TIWARI

JUDGEMENT

(1.) Heard Sri Girish Chandra Sinha Advocate, the learned Counsel for the petitioner and Sri Hemant Kumar Pandey, the learned Standing Counsel for the State of U.P.

(2.) By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged validity of an order dtd. 13/8/2024 passed by the learned Civil Judge (Senior Division), Pratapgarh in Miscellaneous Case No.160 of 2024, whereby a suit for declaration and perpetual injunction filed under Ss. 91 and 92 CPC has been dismissed at the admission stage as not maintainable.

(3.) The plaintiffs ' petitioners filed the aforesaid suit against (1) Manoj Tiwari and (2) 'The Public-at-Large", praying that 'Sachcha Baba Ashram' situated at village Barachha, Majra Ranjeetpur Chilbila, Tahsil Sadar, District Pratapgarh, be declared to be a Religious Public Endowment, a Committee be formed and Rules be framed for its management. The petitioners pleaded that Late Mahabir Pandey, the father of the plaintif no. 1, was instrumental in setting up the Ashram, whose Grand-father Late Ganga Prasad Pandey had given his land for stay of saints and pilgrims. A saint who was commonly called as 'Mauni Baba' came around the year 1948 and stayed there for quite a long period. Mauni Baba had several disciples, including one Smt. Shanti Davi daughter of Ram Naresh Singh, who was a resident of a neighboring village Narayanpur. After death of Mauni Baba, his Samadhi was made near his Kuti (Hut), which is called Sachcha Baba Ashram. Accepting a request made by Smt. Shanti Devi, Sri. Mahabir Pandey had executed an Izazatnama (Licence deed) dtd. 24/5/1958 permitting use of his bhumidhari land bearing Gata No. 1330 measuring 11 Biswa, alongwith a well, kuti and other constructions. Smt. Shanti Devi died in the year 1993 and the Ashram became uncared for and abandoned. After the plaintiff no. 1 retired from Government Service, he constructed a temple from the year 2003 to 2014 after donating his land adjacent to the land of Sachcha Ashram and he appointed the defendant no. 1 Manoj Tiwari as a salaried priest in the temple. Later on Manoj Tiwari unauthorizedly constructed a residence for himself and he indulges in activities not commensurate with the position of a priest.