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VIPIN CHANDRA DIXIT
Hari Sharan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Rahul Jain, Advocate holding brief of Sri Kunal Ravi Singh, learned counsel for petitioners, Sri Rajeev Sharma and Sri Abhishek Sharma, learned counsel for respondent nos.2 to 4, learned Standing Counsel for respondent no.1 and perused the record.
2. This Misc. Civil Petition under Article 227 of the Constitution of India has been filed by the petitioners for quashing of order dated 13.5.2022 passed by District Judge, Mirzapur in Misc. Case No.02 of 2017 (Hari Sharan Singh and another Vs. State of U.P. and others).
3. The brief facts of the case are that one temple of Thakur Ji was constructed by Dhaneshwari and Bageshwari sons of Devraj and deity Thakur Laxmi Narain Ji was installed therein. Dhaneshwari and Bageshwari both were unmarried. They donated their agricultural land situated in Village Bairaini Kewtabeer and Semari, Pargana Kasiwar Taluka Majhwa, Tehsil Sadar, District Mirzapur through registered deed on 3.2.1932. It is provided in the deed that during the life time they manage the agricultural land which was donated to the temple Thakur Laxmi Narain Ji and after their death the maintenance and management of temple was conducted by Thakur Shisht Narai
The main legal point established in the judgment is the requirement to file an application under Section 92 C.P.C. for managing public trusts involving public charity, and the necessity to implead th....
The main legal point established in the judgment is the distinction between private and public trusts and the application of Section 92 CPC.
The main legal point established in the judgment is that the dedication of the properties for the performance of Naivedyam service to the temple constituted a specific endowment, and the application ....
The character of a temple as public or private is determined by its use for public worship and community management, not solely by registration status.
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