- (1.)PETITIONERS are protestants believing in Christianity and are permanent residents of district Damoh. They have no personal or vested interest in the Management of the Church but due to rivalry between two groups of christian community, they have been deprived of sole Church which was demolished some where in Feb-March, 2005. This writ petition as Public Interest litigation under Article 226 of the Constitution of India has been filed by the community at large with a sole prayer for construction of Church building so that the marriages and other religious ceremonies can be performed in the Church and they may offer their prayers in the Church building where they were offering their prayers prior to the year 2005.
(2.)FACTS briefly stated are that an area of 3. 82 acres of Sheet No. 41. Plot No. 86, situated at Damoh was granted on lease on 5. 10. 1942, in revenue case No. 57-7/2 year 1940-41 to Secretary, Christian Missionary Society. As per revenue record an area of 2. 48 acre of plot No. 86/1 was recorded in the name of christian Mission, Damoh and rest of the area i. e. 1. 32 acre of plot No. 86/2 was recorded in the name of Secretary, Convention of Christ Church Damoh. On 24. 9. 1973, an application for renewal of lease over the aforementioned area of 3. 82 acre was filed by Indian Church Council Disciples Of Christ Church through shri Henry Imanual, Chairman, Disciples of Christ Church, Damoh. During the pendency of the renewal application, United Christian Missionary/united Church of Northern Indian Trust Association, Napier Town, (UCMS) Jabalpur, Central india Christian Mission (CICM), Damoh, Ajay Masih and S. K. Das filed their objections before the respondent No. 3 and prayed that the lease be renewed in their name. Respondent No. 3 after hearing all of them decided the matter of renewal of lease vide order dated 10. 7. 2006 and granted renewal over an area of 1. 32 acre of plot No. 86/2 out of total area of 3. 82 acres in favour of Disciples of christ Church, Damoh.
(3.)INDIAN Church Council Disciples of Christ Church, Damoh (for short 'iccdc') is a Society of Disciples of Christ Church constituted in the year 1960-61 and registered under the M. P. Societies Registration Act, 1959. The said Society was registered on 13. 12. 1962 vide registration No. 286/1962. It is this Society which is managing the Church and paying taxes to the local authority.