Judgment

Hon’ble Subhash Vidyarthi J.

1. Heard Sri Girish Chandra Sinha Advocate, the learned Counsel for the petitioner and Sri Hemant Kumar Pandey, the learned Standing Counsel for the State of U.P.

2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged validity of an order dated 13.08.2024 passed by the learned Civil Judge (Senior Division), Pratapgarh in Miscellaneous Case No.160 of 2024, whereby a suit for declaration and perpetual injunction filed under Sections 91 and 92 CPC has been dismissed at the admission stage as not maintainable.

3. The plaintiffs – petitioners filed the aforesaid suit against (1) Manoj Tiwari and (2) ‘The Public-at-Large’, praying that ‘Sachcha Baba Ashram’ situated at village Barachha, Majra Ranjeetpur Chilbila, Tahsil Sadar, District Pratapgarh, be declared to be a Religious Public Endowment, a Committee be formed and Rules be framed for its management. The petitioners pleaded that Late Mahabir Pandey, the father of the plaintif no. 1, was instrumental in setting up the Ashram, whose Grand-father Late Ganga Prasad Pandey had given his land for stay of saints and pilgrims. A saint who wa