MANDIR MATA SITA JI, VILLAGE SITA MATH, TEHSIL & DISTRICT KARNAL Vs. DEPUTY COMMISSIONER, KARNAL AND OTHERS

JUDGEMENT

(1.) Mandir Mata Sita Ji through Mahant Abhivan Dass Chela Mahant Bashesar Dass Chela Mahant Prem Dass Chela Bhagwan Dass has approached this court for quashing letter dated 16.11.2005/30.11.2005 handing over 322 kanals 17 marlas of land of petitioner-temple to Gram Panchayat which is stated to be without the authority of law and in violation of judgment and decree dated 28.11.2000 (Annexure P-7) passed by Addl.Sessions Judge, Karnal and also in violation of directions issued by the civil court.

(2.) The petitioner-Mandir claims to be owner of land measuring 674 standard acres 41/2 units, out of which 74 standard acres 13 units is a banjer land. After consolidation, the land holding of the petitioner was increased to 761 standard acres 81/4 units, which is an increase of more than 87 standard acres. As per the petitioner, banjer land does not come within the definition of land and, therefore, is not assessable for considering the surplus area in possession of the Mandir. It is also claimed that the increased area would also not be assessable to surplus proceedings. Otherwise, the case of surplus of the petitioner-temple was decided on 21.12.1964 and 289 standard acres 14 units was declared as surplus. 30 standard acres=60 ordinary acres left as permissible area. 74 standard acres 13 units=259 ordinary acres 5 kanals 12 marlas land was also left being banjer. Remaining land was under the Pattedars or old tenants. Benefit of 87 standard acres increase in area in consolidation was not given to the petitioner.

(3.) Thereafter nothing happened till 1988 when notice was issued to the Mahant to show if the temple was a religious institution of public nature and, thus, was entitled to the benefit of Section 5(A) for exemption for utilisation of surplus area. Ultimately, the prescribed authority held on 30.11.1994 that the temple was not a religious institution of public nature and was not entitled to avail exemption from utilisation of surplus area. Mutation of the surplus area was entered in the name of the State on 12.6.1996.