1

RESERVED

Court No. -92

Case :- MATTERS UNDER ARTICLE 227 No. - 5156 of 2022

Petitioner :- Hari Sharan Singh And Another

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Kunal Ravi Singh,Manjari Singh

Counsel for Respondent :- C.S.C.,Abhishek Sharma,Rajiv Sharma

Hon'ble Vipin Chandra Dixit,J.

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 Narain son of

Ram Kumar Singh, Thakur Mata Prasad Singh son of Kalika Singh,

Batuk Singh son of Babulal Singh Gautam and Pt. Shivbaran son of

Thakur Dayal Upadhaya, all residents of the same village. It is also

provided that one Chandrika son of Rajnarain Upadhaya, resident of

aforesaid village will perform the worship. It is also provided that

worship will be performed by Chandrika son of Rajnarain Upadhaya

2

and his family members and in absence of any family members of

Chandrika, Shisht Narain Singh, Mata Prasad and others were

authorized to appoint Pujari of the temple. It is further provided in gift

deed that no person is authorized to sale out or mortgage the land

donated to Temple.

4.

Batuk Singh, one of the trustee had moved an application in the

year 1965 that all the trustees appointed by Dhaneshwari and

Bageshwari except Batuk Singh died and now he is 80 years old and

prayer was made that Ramadhar Singh son of Murat Narayan Singh,

Indra Bahadur Singh son of Daya Ram Singh, Thakur Prasad Singh

son of Sharda Prasad Singh and Vishwanath Singh son of Gudri

Singh, all resident of village Baraini may be appointed as trustee as he

became very old and the application was registered as Misc. Case

No.13 of 1965 which was allowed vide order dated 4.12.1965 and

aforesaid persons were appointed as trustees.

5.

Indra Bahadur Singh, one of the trustee appointed in the year

1965 had moved an application under Section 73 of Trust Act that he

is aged about 82 years and only alive trustee with the prayer to

appoint his son Hari Sharan Singh and Vinod Kumar Singh son of

Onkar Nath Singh, as trustee and the application was registered as

Misc. Case No.27 of 2015. During the pendency of Misc. Case No.27

of 2015 Indra Bahadur Singh died on 6.2.2015 and the Misc. Case

No.27 of 2015 was dismissed on 15.12.2016.

6.

The petitioners had moved an application under Section 73 of

Indian Trusts Act, 1882 to appoint them as trustee on the ground that

earlier application was filed by the trustee Indra Bahadur Singh to

appoint the petitioners as trustee but on account of his death that

application was dismissed and prayer was made to appoint them

trustee as it was the wish of last alive trustee Indra Bahadur Singh and

case was registered as Misc. Case No.02 of 2017.

3

7.

The respondent nos.2 to 4 had moved an application for

impleadment, which was allowed on 23.5.2017. They filed a detailed

objection stating therein that application filed