Disposed

Shiv Kumar Dohare and Another v. State of U.P. and 4 Others

Allahabad HC13 Sept 2023WRIC/23796/2023

Case brief

AI extract

What is this about?

Petitioners filed a writ for mandamus to direct the District Magistrate, Auraiya to constitute a committee for the management of Baal Ashram properties following the death of the Mahant and manager, ensuring compliance with a prior order dated 8.12.2020.

What did the court decide?

Direction issued to the District Magistrate, Auraiya to proceed to constitute a committee for the management of the Ashram's properties expeditiously, preferably within six months.

Shiv Kumar Dohare and Another Vs State of U.P… — Writ and Judicial Review | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:177417-DB

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Court No. - 40

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Case :- WRIT - C No. - 23796 of 2023

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Petitioner :- Shiv Kumar Dohare And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Birendra Singh,Swati Singh Counsel for Respondent :- C.S.C.

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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The advocates are abstaining from judicial work.

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The present writ petition has been preferred for a mandamus commanding the second respondent i.e. District Magistrate, Auraiya to ensure compliance of the order dated 8.12.2020 (Annexure No. 5 to the writ petition) passed by Additional District Magistrate, Auraiya/respondent no. 3 by constituting a committee under the Chairmanship of Sub Divisional Magistrate, Tehsil Sadar, District Auraiya/respondent no. 4 appointing Tehsildar Sadar as Secretary as well as other 7-8 respected non political persons as members and others under the guardianship of District Magistrate, Auraiya.

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The record in question reflects that there is a Ashram in the name and style Sadguru Kabir Mandir Baal Ashram, Khanpur, Phaphund Auraiya (hereinafter referred as "Baal Ashram"). Mani Mukta Das Chela Balakram was the Mahant of the Baal Ashram, who died on 5.8.2013. Thereafter, his Chela Sant Das became the manager of Baal Ashram, who also died on 14.8.2013 without any appointing any person as manager. In this backdrop, an application was moved before the District Magistrate, Auraiya for an enquiry in the affairs of Baal Ashram. On the direction of District Magistrate Auraiya, Naib Tehsildar, Auraiya submitted his report dated 31.10.2020 before the respondent no. 3. In response thereof, the respondent no. 3 directed respondent no. 4 to constitute a committee for the operation and management of the properties of Baal Ashram by order dated 8.12.2020. It is complained to us that in response to the aforesaid direction, no committee has been constituted till date and the Ashram in question is not managed properly.

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Considering the facts and circumstances of the case and without expressing any opinion on the merits of the issue,

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we deem it appropriate to direct the District Magistrate, Auraiya to proceed in the matter strictly in accordance with law expeditiously and preferably within six from the date of production of the order but certainly taking into account the order dated 8.12.2020.

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With the aforesaid observation and direction, the writ petition stands disposed of .

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Order Date :- 13.9.2023 A.K.Srivastava

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Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Shiv Kumar Dohare and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Shiv Kumar Dohare and Another v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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