LAWS(MPH)-2005-4-93

BHAIYALAL Vs. STATE OF M. P.

Decided On April 26, 2005
BHAIYALAL Appellant
V/S
STATE OF M. P. Respondents

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India the petitioners have challenged the validity of order dated 17 -6 -1999 (Annexure -P -6) by which respondent No. 2 has given permission to respondent No. 4 to sell 27.66 acres of land belonging to a registered public trust, namely, Ram Chandra Mandir, Kamtada (hereinafter referred to as "the Trust") for renovation of the temple.

(2.) AS per para 5.1 of the petition, petitioners 3, 4 and 5 are the villagers of Kamtada, petitioner No. 1 happens to be the Sarpanch of Gram Panchayat Kamtada and petitioner No. 2 happens to be the Ex -Sarpanch of said Gram Panchayat. According to them they are not having any personal interest in the litigation, but they are interested in the matter inasmuch as they are worshippers of the deity of Shri Ramchandraji Mandir, which belongs to the Trust. The petitioners claim themselves to be beneficiaries of the Trust being worshippers.

(3.) THE petitioners have called in question the pregnability of the order giving permission to alienate the land in question by the Registrar, Public Trust.