MAHANT PURNANAD CHELA MAHANT VISHNU DEVA NAND Vs. DIVISIONAL COMMISSIONER, PATIALA AND OTHERS
LAWS(P&H)-2012-9-732
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 25,2012

MAHANT PURNANAD CHELA MAHANT VISHNU DEVA NAND Appellant
VERSUS
Divisional Commissioner, Patiala And Others Respondents

JUDGEMENT

- (1.) The petitioner has approached this Court with a prayer to quash conditions contained in orders dated 17.3.2010 and 17.5.2010 whereby the petitioner-Mahant of a Dera has been directed to maintain the books of accounts regarding the income and expenditure of Dera and for producing the same before the revenue authorities, as and when required. The Divisional Commissioner, Patiala, has upheld this order while dealing with the revision petition filed before him under Section 16 of the Punjab Land Revenue Act, against the order passed by the Collector as well as Assistant Collector IInd Grade, Ahmadgarh.
(2.) Assistant Collector IInd Grade has sanctioned mutation in the name of Mahant Purnanad on 17.5.2010 but while doing so he has imposed certain conditions. The plea, therefore, by the petitioner was that the Deputy Commissioner and the Assistant Collector IInd Grade have wrongly imposed the conditions to the effect that the petitioner will keep the accounts regarding the income and expenses of the Dera and will maintain the accounts book to this effect. He was further required to submit the same before the revenue officer as and when required. The Commissioner did not accept the pleas raised and found that the conditions have rightly been imposed for proper maintenance of accounts in transparent manner. The Commissioner has observed that mentioning of the details is for welfare of Dera property and this will not cause any prejudice to the petitioner. The Deputy Commissioner had earlier, while approving the appointment of the petitioner as Mohtamim of the Dera, imposed the following conditions:- "1. That this person will not dispose of the property of the Dera in any manner. 2. That this person will not lease out the Dera property for long term. 3. That this person will not misappropriate the Dera property in any manner. 4. This person will maintain the account of income and expenditure of the Dera and will maintain a register for this purpose. This register will be produced before the Revenue Officer as and when required. 5. This person will follow the rules of the Dera and community. 6. If there is any order of the court for maintaining the record of the Dera property, the same will be kept in view. "
(3.) Thus, the petitioner is not to dispose of the property of the Dera in any manner. He is also not to lease out the property for long terms. He shall also not misappropriate Dera property in any manner.;


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