JULIOUS PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) THIS order will dispose of two writ petitions, they being writ petitions No. 3623 and 10326 of 2007. In both the writ petitions, the petitioner challenges the order dated 13. 2. 2007 passed by the Registrar, Public Trust, Damoh in Revenue Case No. 3-B/113 (1)/2002-2003, wherein the Registrar declared the disciples of Christ Church, Committee, Damoh as Public Trust.

(2.) PETITIONER-JULIOUS Prasad of W. P. No. 3623 of 2007 is the Secretary of disciples of Christ Church, Committee, Damoh (MP.) which is affiliated to indian Church Council Disciples of Christ, a society registered under the M. P. Societies Registrikaran Adhiniyam, 1959, having Registration No. 286. The entire affairs of the Society are being managed by the Council. It consists of nine members who are known as elders , who have been managing the affairs of the church. Somewhere in the 1895 the Church was constructed on Nazul Sheet no. 41, Plot No. 86 situated at Damoh. As per revenue record, out of total area of 3. 82 acres, an area of 2. 48 acre was recorded in the name of Secretary, Christian missionary Society vide Revenue Case No. 57-7/2 year 1940-41 and an area of 1. 34 acre was recorded in the name of Secretary, Convention of Chru Cnurch. Damoh. On 24. 4. 1973 an application for renewal of lease over the aforementioned area of 3. 82 acre was filed by Indian Church Council Disciples of Christ Church (for short 'the ICCDC') through Shri Henry Imanual, Chairman, Disciples of Christ church, Damoh. The respondent No. 2 i. e. Collector, Damoh after considering all the objections and after hearing all of them decided the matter of renewal of lease vide order dated 10. 7. 2006 and granted renewal over an area of 1. 32 acre of plot No. 86/2 in favour of Disciples of Christ Church, Damoh.

(3.) DURING the pendency of renewal application, there arose a serious dispute with regard to management of Disciples of Christ Church, Damoh.