Chief Justice's Court

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 673 of 2023

Petitioner :- Brijender And Another

Respondent :- State Of Uttar Pradesh And 16 Others

Counsel for Petitioner :- Pradeep Kumar Sharma,Neeraj Kumar

Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava

Hon'ble Pritinker Diwaker,Chief Justice

Hon'ble Saumitra Dayal Singh,J.

1. Heard Sri Hari Shanker Jain (through V.C.) alongwith Sri

Pradeep Kumar Sharma and Sri Neeraj Kumar, learned counsel

for the petitioners; Avinash Chandra Srivastava, learned counsel

for the Gaon Sabha and Sri Manish Goyal, learned Additional

Advocate General assisted by Sri A.K. Goyal, learned Standing

Counsel for the State-respondents.

2. Present petition has been filed describing it to be a public

interest litigation, by two petitioners namely, Brijender and

Vijay, asserting religious rights of the residents of village

Shahpur Bangar in relation to the property of "Bihari Ji

Maharaj" over which an 'Artificial Mazar' i.e. a false 'Mazar' is

described to have been erected under the patronage of the

district administration, on 15.03.2020. Thereby a 'deity's'

property has been wrongly registered as Waqf property.

3. In the first place, it may be noted, no effective pleading has

been made in the entire body of the writ petition to establish the

locus and credentials of the petitioners. Other than describing

themselves to be the residents of village Shahpur Bangar,

Mathura and besides generally describing themselves as Hindus

by religion, no specific right, custom or practice or other such

fact has been disclosed as may allow this Court any

understanding of how the petitioners' religious rights have been

adversely impacted upon the construction of the alleged false

'Mazar' over certain immovable property, at their village.

4. Then, during the course of his submissions, upon query

made, Sri Hari Shanker Jain, learned counsel for the petitioners

did admit/disclose existence of a trust with respect to certain

temple that may be existing near to the property in dispute, in

the present petition. Neither that trust nor any of its trustees has

been impleaded as a party respondent, nor any material

particular of such entities has been disclosed in the body of the

writ petition.

5. Also, besides the general description of existence of a 'deity'

whose rights may be involved, no fuller description has been

given of that 'deity'.

6. Apart from the above inherent deficiencies in the pleadings

and framing of the writ petition, it has been disclosed, Khasra

No. 3215 admeasuring 0.36 acres has always remained recorded

in the name 'Mandir Shri Bihariji Maharaj Virajman' from

before the enforcement of the U.P. Zamindari Abolition and

Land Reforms Act, 1950, and upon consolidation proceedings

having been completed in the village Shahpur Bangar, around

the year 1964.

7. Based on such fact allegation, it has been then submitted, the

property in question has been wrongly recorded as Waqf

property upon collusive conduct offered by the State

administration. Much emphasis has also been laid on the fact

allegation that a pre-existing well over the land in dispute as

was being used for religious purposes, has been filled up upon

such collusive conduct offered by the State administrative

authorities.

8. Upon such and other pleadings, mandamus has been prayed

to direct the District Magistrate to remove the false

grave/'Mazar' that may have been raised over the disputed

property on 15.03.2020, and to initiate appropriate departmental

and criminal proceeding against the erring officials of the

district administration.

9. Further, injunction has been sought to restrain any burial on

land being Khasra No. 1081 village Shahpur Bangar, Tehsil

Chhata, Mathura. Last, prayer has been made to expunge all

contrary revenue entries made with respect to Khasra No. 1081

admeasuring 40.75 acres.

10. T