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2022 Supreme(All) 490
IN THE HIGH COURT OF ALLAHABAD
SURESH KUMAR GUPTA, J.
Mahant Dharmendra Das – Appellant
Versus
State of U.P. and Another – Respondents
Application U/s 482 No. 627 of 2020
Decided On : 05-05-2022
Advocate Appeared:
For the Appellant : Mohiuddin Khan.
For the Respondents: Nadeem Murtaza, Rupendra Kumar Singh, Sheeran Mohiuddin Alavi.
Point of Law: Decree for permanent injunction shall be enforceable even against the legal representative.
Headnote:
Criminal Procedure Code, 1973 - Section 482 - Quash of Criminal Proceedings - Trust property - Sale deed are void ab-initio in view of the provisions contained in Section 36 and 37 of the Indian Trusts Act, 1882 and executor of both the sale deed namely Mahant Bharat Dass was not appointed/authorized as Mahant of Thakur Ji Maharaj Trust - Civil dispute - Right of parties - Jurisdiction of Court.
Finding of the Court:
Opposite party no. 2 possessed the peaceful possession over the disputed land since 2006 and presently the legal title of the above land in question is in favour of the opposite party no. 2 and which is never disturbed by any civil court. Learned Additional Sessions Judge/revisional court had rightly found that the title as well as possession over the land in question is already settled in favour of the opposite party no. 2 (Bharat Singh). Thus, the proceedings under Section 145 Cr.P.C. is not maintainable and there appears no incorrectness, impropriety or illegality in passing the impugned order.
Result: Application dismissed.
JUDGMENT :
SURESH KUMAR GUPTA, J.
1. Heard Shri Mohiuddin Khan, learned counsel for the applicant and Shri Rupendra Kumar Singh, learned counsel for the respondent.
2. This petition under Section 482 Cr.P.C. has been filed for setting aside the judgment and order dated 13.12.2019 passed by the Additional Sessions Judge, Court No. 7, Lucknow in Criminal Revision No. 674 of 2019 (Bharat Singh Vs. State of U.P. and another) and order dated 18.10.2019 passed by the Sub Divisional Magistrate, Bakshi Ka Talab, Lucknow in Case No. 10190 of 2019 (Computerized No. T201910460410190) (Dharmendra Das Vs. Bharat Singh).
3. Submission of the learned counsel for the applicant is that land bearing Gata No. 259 area 6.7660 hectare, Khasra No. 333 area 1.1320 hectare and Khasra No. 406 Ga area 0.9780 hectare situated in village-Aldampur, P.S. Itaunja District-Luknow originally belongs to Thakur Ji Maharaj Trust, Udaseen Sangat, Guruduwara, Nanak Shahi, Purani Sabji Mandi Chowk Lucknow (hereinafter referred to as "Thakur Ji Maharaj Trust") and the opposite party no. 2 is claiming to have purchased the disputed land from Shri Mahant Bharat Das through sale deed dated 17.7.2006.
4. Learned counsel for the applicant submits that due to lack of management of the properties situated at village-Adlampur by Shri Mahant Sabzi Mandi Chowk, Lucknow and taking advantage of such problems the opposite party no. 2 produced Baba Ram Bhajan Das as Chela of Late Mahant Ganga Das Ji and got his name recorded in the revenue record. Thereafter opposite party no. 2 is claiming to have purchased the land bearing Gata No. 259, ad-measuring 6.7660 from Shri Mahant Bharat Dass, Chela of Mahant Baba Ramji Dass through sale deed dated 17.7.2006 and purchased the property in the name of Anmol Gramudyog Sansthan, Awadh Poultry Farm, Faridi Nagar, Lucknow. Opposite party no. 2 is also claiming that his mother and wife had jointly purchased the land bearing Gata No. 333 admeasuring 1.1320 hectare and Gata No. 406 Ga ad-measuring 0.978 hectare through sale deed dated 18.9.2006.
5. Learned counsel for the applicant further submits that sale deed dated 17.7.2006 and 18.9.20006 are void ab-initio in view of the provisions contained in Section 36 and 37 of the Indian Trusts Act, 1882 and executor of both the sale deed namely Mahant Bharat Dass was not appointed/authorized as Mahant of Thakur Ji Maharaj Trust. Hence he was having no authority to execute the alleged sale deeds. He further submitted that Mahant Parmeshwar Das had resigned and made a declaration through registered sale deed dated 7.2.2011 appointing the applicant as Mahant and Sarvakar of the Thakur Ji Maharaj Trust. A photo copy of the sale deed dated 7.2.20211 is being annexed as Annexure 3 to the petition.
6. Learned counsel for the applicant submitted that the applicant having been appointed as Mahant and regarding this Mahajjarnama was also executed which was registered on 19.10.2012 recognizing the applicant as Mahant appointed on the vacant post of the Thakur Ji Maharaj Trust. The petitioner has been handed over possession over the land in question on 13.12.2018 and 17.12.2018. On the spot, the constructed building, Puja Sthan, Kothan, Snan Kund etc are situated and the opposite party no. 2 through muscle power wants to disturb the possession of the petitioner regarding which F.I.R. has been lodged at Police Station-Itaunja, District-Lucknow and report was submitted on 17.9.2019 and on the basis of the said report, Case No. 10190 of 2019 (Mahant Dharmendra Das Vs. Bharat Singh) was registered and notice was issued to the opposite parties. The Sub Divisional Magistrate, Bakshi Ka Talab vide his order dated 18.10.2019 has attached the property in dispute under Section 146 (1) Cr.P.C. and appointed Shri Atul Kumar Shukla, Gram Pradhan, Gram Panchayat, Aldampur as receiver on 25.10.2019. The petitioner has filed his detailed objection on 9.10.2019 but same has not been considered by S.D.M. Bakshi Ka Talab (opposite party
