JUDGMENT :

D.Y. Chandrachud, J.

1. This appeal has arisen from a judgment rendered on 15 May 2007 by a Division Bench of the High Court of Uttarakhand at Nainital. Finding no substance in the writ petition filed under Article 226 of the Constitution, the High Court affirmed the order passed by the Collector, Haridwar on 12 May 2003 holding that the property in dispute stands vested in the government under Section 29 of the Hindu Succession Act, 1956. This finding has been premised on the basis that there exists no heir to succeed to the property following the death of Mohan Lal.

2. The petitioner claims to be a public trust registered under the Bombay Public Trusts Act, 1950. The Trust claims to have a vast amount of property at Haridwar which is being used for charitable purposes including (i) arranging for the stay of pilgrims and saints who visit Haridwar and providing food and other facilities to them; and (ii) performing and organizing religious functions. The petitioner conducts a Sanskrit Vidyalaya as well as a dispensary.

3. Swamy Udhav Das Ji Maharaj was visually challenged. On 28 November 1955, he is stated to have purchased land admeasuring two bighas and fifty khewat at Har