RAJESH KUMAR PANDEY Vs. NAZOOL OFFICER FAIZABAD

JUDGEMENT

(1.) Heard Sri Ajay Pratap Singh, learned counsel for petitioner and perused the record.

(2.) This writ petition under Article 226 of the Constitution of India has been filed by sole petitioner-Rakesh Kumar Pandey son of Himanchal Prasad Pandey, praying for issue of a writ of certiorari quashing order dated 01.09.2008 passed by Nazul Naib Tehsildar, Faizabad rejecting petitioner's application dated 25.09.2002. Petitioner has also prayed for issue of a writ of mandamus commanding Respondent-1, i.e., Nazul Officer to restore application dated 25.09.2002 and decide the same afresh after giving opportunity to all parties after recalling order dated 19.01.1986.

(3.) Facts, in brief, giving rise to present dispute are that Plots No. 724, 730, 731, 732 and 733, situate in Mohalla Nayaghat Ayodhya, District Faizabad, are Nazul land. The said land was in possession of a Math at Ayodhya known as Dashnami Akhara (hereinafter referred to as "Math"). The Gaddi of Math is said to be a Gaddi of Nihang Sadhus and succession of Gaddi is from Guru to Chela. The pedigree of initial Mahant and thereafter the chain of Chelas is given in para 3 of writ petition and reads as under: Bhawan Bharti