K.C.Agarwal, J. - (1.) This petition under Article 226 of the Constitution has been preferred by Jamuna Das Mahant against the judgment of the District Judge, Gorakhpur, dt. Aug. 27, 1982, accepting the appeal of the petitioner with respect to plot No. 26/1, situate at Bhariagarh, Gorakhpur, and remanding it for deciding the same afresh. The District Judge dismissed the appeal with respect to plot No. 26/2. In the present writ petition, the grievance is confined to plot No. 26/2.
(2.) Upon the commencement of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act'), the petitioner Jamuna Das claimed that the aforesaid two plots which had the total area of 24929.52 square metres, were liable to be exempted under Section 19(1)(iv) of the Act. The petitioner claimed that the two plots were dedicated to Kabir Math and as this Math was holding them for public charitable or religious purposes, the area covered by these plots was not liable to be declared surplus.
(3.) The petitioner Jamuna Das claimed that the entire 5.46 acres area of plot No. 26/2 contained temples, kothris for residence of Sadhus, Samadhis, cattle house and a discourse hall. He claimed that since the time of Baba Tribeni Das, who executed a Will in favour of his disciple Baba Bachcha Das in 1939, these properties are being treated to be that of the Math.;