BHURKURA MATH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner claims to be Mahant of a Math. He has instituted this writ petition aggrieved by an order of the Additional District Magistrate (Finance and Revenue), Ghazipur dated 17.10.2012 whereby he has called upon the parties to appear before him and file their documents in support of their case.

(2.) Briefly stated the facts are; the petitioner claims that Bhurkura Math was established by erstwhile Zamindar in 1600 century. The Math is involved in social activities in District Ghazipur and a Degree College as well as Sanskrit Pathshala has been established by the Math in the year 1933. The Mahant of the Math being an ex-officio President is managing the affairs of the College. It appears that some dispute arose with regard to the election of the Committee of Management of the Degree College. In the year 2011 it is also stated that the Math has established an Intermediate College which is recognized by the U.P. Board of High School and Intermediate Education and another Degree College has been stated to be established in the year 1969 in the name of Mahant Ram Aasre Das Post Graduate College, Ghazipur which is affiliated to Poorvanchal University, Jaunpur. The earlier Mahant Ram Aasre expired on 14.5.2008. It is stated that he had executed a registered will dated 26.2.2005 in favour of Mahant Shatrughan Das. Pursuant to the said registered will the mutations were made in the revenue record after deciding the objections by the appropriate authority.

(3.) It is stated that consequently the name of the petitioner was mutated in the revenue record. A copy of the Khatauni of the relevant year is on the record as annexure-9 to the writ petition. The said order was subjected to challenge before the the Board of Revenue which allowed the revision of the opposite party. Thereafter, the order was challenged in the High Court and it is stated that this Court has allowed the writ petition and set side the order of the Board of Revenue. Consequently, the matter was again decided by the Board of Revenue after the remand. It has been decided against the petitioner. In the meantime, the fourth respondent has filed Civil Suit No. 123 of 2009.