DINA NATH Vs. STATE

JUDGEMENT

(1.) THIS writ petition was filed by the late Pandit Dina Nath on September 1, 1976, aggrieved by the government order No. Rev (NDJ) 233 of 76 dated July 27, 1976, by which land measuring 27 Kanals 14 marlas was ordered to be resumed from successor -in -interest of late Vinaik Misher with a further prayer of prohibiting respondents 2 to 4 namely Deputy Commissioner Jammu, Assistant Commissioner Nazool and Naib Tehsildar Nazool from interferring with the possession of the trustees of Dharmshalla.

(2.) IT has been stated in the petition that the land in question was granted as Mafi by virtue of council Resolution No. 1 of 1904 dated June 28, 1904, as a free grant in favour of Shri Vinaik Misher for the construction of Dharamshalla to be used by public at large. The land in question is situated in Jammu city below the Gumat near Tawi "Bridge, On the said land a Dharamshalla was duly constructed both for Hindus and Muslims in accordance with the grant thereof The dispute in the present case arose when on complaint made by certain citizens the Deputy Commissioner made an enquiry and found that the Dharamshalla is mis -managed against the interest of the Trust culminating into the order impugned giving rise to the present petition.

(3.) IT is further contended that in a suit decided by the High Court of Calcutta in August 1933 it was held that Dharamshalla would remain in the sole trustyship of one Shri Vishwa Nath Misher who executed a will on March 16, 1956, appointing late pt. Dina Nath and one Shri Nishi Kanth as co -trustees for the abovesaid Dharamshalla, Certain shops were also built over the land by them and leased out to different persons. A clarification was also sought about the use of the land from the Government of the time in 1935 and the Governor of Jammu Province was informed by the then Revenue Minister by order No. 901/D dated March 2, 1935 that the trustees of Dhar -amshalla can lease out the area for short period but there is no question of permanent alienation of this land by long lease or by sale with a further rider that any moment the Dharamshalla may cease to exist, the Maafi will be resumed. With that background it has been contended that under the impugned order resumption is without jurisdiction, illegal and violative of the vested rights of the petitioner as Dharamshalla still exist and even the principles of natural justice have been violated which are sufficient to quash the order of resumption. It is further alleged that the grant being under the resolution of the then Ruler, the provisions of J&K Land Grants Act 1960 and the right of the Nazool Department cannot be invoked for the resumption of the land.