MANDIR TIRATH PARASHAR BEHLOLPUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, by way of the present writ petition, filed under Articles 226/227 of the Constitution of India, prays for the issuance of a writ of certiorari for quashing the impugned orders dated 30.10.1962 (Annexure P-3), 25.2.1963 (Annexure P-3A), 8.4.1991 (Annexure P-4), 12.10.1993 (Annexure P-5), 5.9.2002 (Annexure P-10), 14.11.2002 (Annexure P-12), 18.12.2003 (Annexure P-14) and 20.12.2004 (Annexure P-16).

(2.) THE facts, as pleaded, are briefly enumerated herein after. The petitioner claims to be a religious and charitable organization, on the basis of its history and the nature of the Temples housed in its complex. Mahant Shankar Gir passed away in January 1951. As there was no clear successor to the mahant, civil litigation ensued between claimants, to the office of Mahant. However, no clear successor emerged to the office of Mahant. During the course of this litigation, the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as "the Punjab Act") came into force and the Collector Agrarian, vide order dated 30.10.1962 (Annexure P-3), declared 106 standard acres 10-1/2 units as surplus, which was reviewed, vide an order dated 25.2.1963 (Annexure P-3/A), declaring 107 standard acres 10-1/2 units as surplus. In these proceedings, the petitioner was represented by one Hardwar Gir. Meanwhile, the Haryana Ceiling of Land Holdings Act, 1972 (hereinafter referred to as "the Haryana Act") came into force.

(3.) ON 15.5.1986, the petitioner, again through, Hardwar Gir, filed an application, under Section 5-A of the Haryana Act, praying for exemption from the operation of the Haryana Act. Vide order dated 8.4.1991 (Annexure P-4), the application was dismissed. The appeal, filed against the said order, was dismissed on 12.10.1993 (Annexure P-5).