Another vs State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko.

Sri Thakur Ji Mahraj Virajman Mandir Thru. Mahanth Dhananjay Das Chela Bhagwan Das And Another .....Petitioner(s) Versus State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) Counsel for Petitioner(s) Counsel for Respondent(s) : Ajay Pratap Singh, Vinod Kumar Singh : C.S.C. Court No. - 5 HON'BLE ALOK MATHUR, J.

1. Heard Shri Ajay Pratap Singh, learned counsel for the petitioners as well as learned Standing Counsel on behalf of respondents no. 1 to 4.

2. It has been submitted by counsel for the petitioners that the dispute pertaining to Sarvarakar of property of Thakurji Maharaj Temple situated in Village Jiyapur, Mauja Aurangabad, Huseypur Nausanda, Khansapur, Tehsil Tanda, District Ambedkar Nagar was subject matter of Suit No. 549 of 2004 in the Court of Civil Judge (Senior Division), Ambedkar Nagar, where the petitioner no. 2 was the opposite party and he has opposed the claim of respondent no.5 for being declared as Sarvarakar. It is during the pendency of the aforesaid suit proceeding that a writ petition was filed before this Court being Writ - C No.1000602 of 1999. The writ petition was decided and this Court had passed the following directions:- "(i). The District Magistrate, Ambedkar Nagar shall act as the Administrator and immediately take control of the properties of Thakur Ji Maharaj temple situated in Village Jiyapur and at places Mauja Aurangabad, Huseypur, Nausanda, Khansapur, Tehsil Tanda, District Ambedkar Nagar and shall administer the properties, maintain its accounts in respect of all the offerings and income of the temple and properties after preparing a proper inventory and accounts in presence of two respectable persons of the village and three persons connected with the temple including Dhananjay Das and Laxmi Das and shall place the inventory and temple accounts before this court in the aforesaid petition along with affidavit of the District Magistrate. (ii). Any party who has an interest in the Sarbarkarship including the present petitioner Sri Dhananjay Das may get their rights duly adjudicated from a competent court of law. (iii). The District Magistrate concerned shall also appoint a Government Counsel to participate and oversee the proceedings which are already pending i.e. a suit before the Civil Court and one before the Sub Divisional Officer instituted by Baba Laxmi Das, and also keep the District Magistrate informed about its progress to ensure fair contest of the proceedings and that the Court concerned before whom such matters are pending shall examine that no compromise/ settlement is arrived at, which may have any detrimental effect on the rights of the deity, Thakur Ji Maharaj and that proceedings are concluded fairly in accordance with law. 2 WRIC No. 6878 of 2025 (iv). None of the properties of Thakur Ji Maharaj deity shall be sold or alienated by any of the parties to the litigation without prior permission of this court. (v). This arrangement shall continue which shall be subject to any order passed by the competent court declaring and upholding the order of Sarbarkarship and brought to the notice of this court and only thereafter the charge of the properties of Thakur Ji Maharaj temple shall be handed over to the duly recognized Sarbarkar by this court being satisfied. (vi). The Courts wherein the matter is pending i.e. Civil Judge and the Sub Divisional Officer shall also expedite the matter pending before it to take it to its logical conclusion, after affording full opportunity of hearing, but without granting any unnecessary adjournment to the parties to the proceedings. (vii). Appropriate entries and the endorsement of the order be made in the revenue records. (viii). The District Magistrate, Ambedkar Nagar shall furnish its report indicating the developments, progress of the pending litigations and measures taken by him relating to the assets/liabilities and income of the temple before this court periodically."

3. It has been submitted by counsel for the petitioners that the suit proceedings have been decided by means of judgement and order dated 08.04.2025 where the suit has been dismissed. Now the question remains of passing suitable order by this Court as per the Clause (v) above of the directions issued by the coordinate Bench of this Court in Writ - C No.1000602 of 1999.

4. This Court has perused the directions passed by this Court in Writ - C No. 1000602 of 1999 - Bhagwan Das Chela Balram Das Vs. District Magistrate Ambedkar Nagar and Others as well as judgment and order passed by the Civil Judge (Senior Division), Ambedkar Nagar in Case No. 549 of 2004, decided on 08.04.2025, wherein the suit has been dismissed.

5. Considering the fact that the suit has been decided by means of order dated 08.04.2025 and directions were issued by this Court only with a view to protect interest of the property in dispute i.e. Temple and its deity, during pendency of the suit where several directions were passed and accordingly, now when the suit has been decided, interim directions of this Court passed in the aforesaid writ petition automatically come to an end and the parties would not abide by the findings recorded in the suit proceedings. Once suit has been decided, there would be no occasion to further continue the interim directions. Learned counsel for the petitioner has submitted that order has become final as against said order no further appeal or revision has been filed.

6. Accordingly, let a copy of the judgment of the Civil Court be placed before the District Magistrate forthwith, who will hand over the charge of the property and administration thereof by passing appropriate orders with expedition. The District Magistrate shall also hand over all the documents and account to the person entitled.

7. In view of above, no further directions are required to be passed in the present writ petition. Accordingly, present writ petition is consigned to records. August 27, 2025 A. Verma (Alok Mathur,J.) ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Sri Thakur Ji Mahraj Virajman Mandir Thru. Mahanth Dhananjay Das Chela Bhagwan Das And Another .....Petitioner(s) Versus State Of U.P. Thru. Prin. Secy. Revenue Deptt., Lko. And Others .....Respondent(s) Counsel for Petitioner(s) Counsel for Respondent(s) : Ajay Pratap Singh, Vinod Kumar Singh : C.S.C. Court No. - 5 HON'BLE ALOK MATHUR, J.

1. Heard Shri Ajay Pratap Singh, learned counsel for the petitioners as well as learned Standing Counsel on behalf of respondents no. 1 to 4.

2. It has been submitted by counsel for the petitioners that the dispute pertaining to Sarvarakar of property of Thakurji Maharaj Temple situated in Village Jiyapur, Mauja Aurangabad, Huseypur Nausanda, Khansapur, Tehsil Tanda, District Ambedkar Nagar was subject matter of Suit No. 549 of 2004 in the Court of Civil Judge (Senior Division), Ambedkar Nagar, where the petitioner no. 2 was the opposite party and he has opposed the claim of respondent no.5 for being declared as Sarvarakar. It is during the pendency of the aforesaid suit proceeding that a writ petition was filed before this Court being Writ - C No.1000602 of 1999. The writ petition was decided and this Court had passed the following directions:- "(i). The District Magistrate, Ambedkar Nagar shall act as the Administrator and immediately take control of the properties of Thakur Ji Maharaj temple situated in Village Jiyapur and at places Mauja Aurangabad, Huseypur, Nausanda, Khansapur, Tehsil Tanda, District Ambedkar Nagar and shall administer the properties, maintain its accounts in respect of all the offerings and income of the temple and properties after preparing a proper inventory and accounts in presence of two respectable persons of the village and three persons connected with the temple including Dhananjay Das and Laxmi Das and shall place the inventory and temple accounts before this court in the aforesaid petition along with affidavit of the District Magistrate. (ii). Any party who has an interest in the Sarbarkarship including the present petitioner Sri Dhananjay Das may get their rights duly adjudicated from a competent court of law. (iii). The District Magistrate concerned shall also appoint a Government Counsel to participate and oversee the proceedings which are already pending i.e. a suit before the Civil Court and one before the Sub Divisional Officer instituted by Baba Laxmi Das, and also keep the District Magistrate informed about its progress to ensure fair contest of the proceedings and that the Court concerned before whom such matters are pending shall examine that no compromise/ settlement is arrived at, which may have any detrimental effect on the rights of the deity, Thakur Ji Maharaj and that proceedings are concluded fairly in accordance with law. 2 WRIC No. 6878 of 2025 (iv). None of the properties of Thakur Ji Maharaj deity shall be sold or alienated by any of the parties to the litigation without prior permission of this court. (v). This arrangement shall continue which shall be subject to any order passed by the competent court declaring and upholding the order of Sarbarkarship and brought to the notice of this court and only thereafter the charge of the properties of Thakur Ji Maharaj temple shall be handed over to the duly recognized Sarbarkar by this court being satisfied. (vi). The Courts wherein the matter is pending i.e. Civil Judge and the Sub Divisional Officer shall also expedite the matter pending before it to take it to its logical conclusion, after affording full opportunity of hearing, but without granting any unnecessary adjournment to the parties to the proceedings. (vii). Appropriate entries and the endorsement of the order be made in the revenue records. (viii). The District Magistrate, Ambedkar Nagar shall furnish its report indicating the developments, progress of the pending litigations and measures taken by him relating to the assets/liabilities and income of the temple before this court periodically."

3. It has been submitted by counsel for the petitioners that the suit proceedings have been decided by means of judgement and order dated 08.04.2025 where the suit has been dismissed. Now the question remains of passing suitable order by this Court as per the Clause (v) above of the directions issued by the coordinate Bench of this Court in Writ - C No.1000602 of 1999.

4. This Court has perused the directions passed by this Court in Writ - C No. 1000602 of 1999 - Bhagwan Das Chela Balram Das Vs. District Magistrate Ambedkar Nagar and Others as well as judgment and order passed by the Civil Judge (Senior Division), Ambedkar Nagar in Case No. 549 of 2004, decided on 08.04.2025, wherein the suit has been dismissed.

5. Considering the fact that the suit has been decided by means of order dated 08.04.2025 and directions were issued by this Court only with a view to protect interest of the property in dispute i.e. Temple and its deity, during pendency of the suit where several directions were passed and accordingly, now when the suit has been decided, interim directions of this Court passed in the aforesaid writ petition automatically come to an end and the parties would not abide by the findings recorded in the suit proceedings. Once suit has been decided, there would be no occasion to further continue the interim directions. Learned counsel for the petitioner has submitted that order has become final as against said order no further appeal or revision has been filed.

6. Accordingly, let a copy of the judgment of the Civil Court be placed before the District Magistrate forthwith, who will hand over the charge of the property and administration thereof by passing appropriate orders with expedition. The District Magistrate shall also hand over all the documents and account to the person entitled.

7. In view of above, no further directions are required to be passed in the present writ petition. Accordingly, present writ petition is consigned to records. August 27, 2025 A. Verma (Alok Mathur,J.) ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench