Vikram Nath, J. - (1.) THIS petition has been filed for quashing the order dated 16.10.1984 passed by IInd Additional District Judge, Agra in Misc. Appeal No. 135 of 1982, Mahesh Chand v. Rajendra Prasad and others and also the order passed in Misc. Appeal No. 132 of 1982 Sri. Brij Bhushan Lal v. Rajendra Prasad whereby the appeals were allowed and the order of Commissioner dated 14.6.1982 was set aside and it was held that the proceedings was not maintainable under the provisions of U.P. Hindu Public Religious Institution (Prevention of Dissipation of Property) Act, 1962 (hereinafter referred to as the 1962 Act).
(2.) THE dispute relates to the properties belonging to Sri. Thakur Radha Kishan Ji Maharaj situated at village Abhuapura, Agra. Rajendra Prasad Sharma petitioner No. 2 filed an application under section 6 of the 1962 Act alleging that the opposite parties namely, Brij Bhushan Lal, Basudev Prasad, Shanti Lal and Mahesh Chand and Sanjai were damaging the property of temple and making illegal transfer and were also not performing the Bhog, Puja of the deity and were not keeping correct and accurate accounts. In the circumstances it was prayed that the matter may be investigated and management may be given into proper hands. This application was registered as Case No. 81 of 1980 in the Court of Commissioner, Agra Division, Agra. The application was contested by the opposite parties on several grounds first objection was that 1962 Act was not applicable to the temple, which was a private temple and not a public temple. It was alleged that it was not covered under the definition of Hindu Public Religious Institute as defined under section 3(i) of the 1962 Act. The second objection was that the allegations regarding transfer of property by Shanti Lal in favour of Mahesh Chand had nothing to do with the temple but in fact was purely private transaction in respect of property owned by Shanti Lal. The third objection was that 1962 Act did not provide for passing an order for change of a management.
(3.) THE Commissioner did not deal with the objections raised by the opposite parties and proceeded to hold in view of the transaction between Shanti Lal and Mahesh Chand that the property of the trust was being alimated, damaged and dissipated. The Commissioner directed for Sub -Divisional Officer/Sub -Divisional Magistrate Tahsil Kirawali, district Agra to take over the management and ensure proper management and up keep of the temple.;