DANDI SWAMI BANESHWARANANDA TIRTHA MAHARAJ Vs. KALYAN MAHARAJ
LAWS(CAL)-2010-7-23
HIGH COURT OF CALCUTTA
Decided on July 09,2010

DANDI SWAMI BANESHWARANANDA TIRTHA MAHARAJ Appellant
VERSUS
KALYAN MAHARAJ Respondents

JUDGEMENT

- (1.) This revisional application is directed against an order no. 8376 dated July 26, 2007 passed by the District Judge, Hooghly in Title Suit no. 2 of 1930.
(2.) One Guptipara math was established more than 600 years ago. Since its establishment the said math was administered by the sannyasis belonging to Dasnami Sampradaya. The said math has diverse properties and the income therefrom was being utilized for the performance of the rituals, seva puja of the deity and also spent towards imparting the theological learning. The litigation started as far back as in the year 1930 at the instance of the local people alleging mis-appropriation of fund and mismanagement and/or mal-administration by the then Mohant of the said math. The prayer in the said suit was also for framing a scheme so as to preserve and protect the property of the math. Several orders were passed from time to time in the said suit. By abolition of the jamindari and vesting of the properties belonging to the said math to the state, the religious and the administration matters were looked after by the then Mohant being the Dandi Swami of Dasnami Sampradaya.
(3.) The scheme was framed as far back as in the year 1952. Till 2004 the said math was being administered by Dandiswami Mohant Maharaj Yogendrananda Ashram who died on July 3, 2004 without nominating his successor. In absence of a Mohant the said property was being mis-managed and the seva puja of the deity was being performed improperly. An application was taken out by 87 people, all residents of Guptipara, requesting the court to appoint a suitable person as Dandiswami Mohant of the estate and the temple of the deity Iswar Brindaban Chandra Jew for protection of the religious trust and proper seva puja of the said deity. By an order the Trial court directed for the publication of a general notice for inviting the claim of any person entitled to be appointed as Mohant in place of the said deceased Mohant.;


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