- (1.) Heard Sri Raj Mohan Saggi, Advocate for petitioners and Sri Atiq Ahmad Khan as well as learned Standing Counsel for respondents.
(2.) It appears that there was a Non-Government Society, namely, Tulsi Smarak Samiti (hereinafter referred to as the "Society"), constituted sometimes in April, 1955 which included large number of social workers, businessmen enjoying high reputation and position at relevant time in public.
(3.) Initially, Sri C.B. Sharma, the then Deputy Minister (Revenue), Government of U.P., Lucknow, as public representative was shown as Secretary of Society. It was registered with Assistant Registrar, Chit, Fund and Societies, U.P. Lucknow. The document forming Society clearly shows that it was a private Society constituted at relevant time with objects to collect, promote and propagate Tulsi Literature; to raise Memorial and Memorials at different places in sacred memory of Tulsidas Ji; to train and educate Pracharaks, Katha Vachaks, Pandits and Vyases; and, to organize cultural, literary, dramatic and social activities. The bye-laws also show that, any one, believe in Society's objectives can become member of Society by subscribing requisite fee and admitted by President of Society forming opinion that such person would help to activities of Society. There is nothing in Society's Memorandum of Association to show that it was a Society constituted by Government for any public purposes.;