The court held that revenue authorities lack jurisdiction to decide succession to the office of Mahant. The petitioner's writ petition was allowed, and the impugned order was quashed.
The impugned order dated 6.6.2011 was quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Civil Writ Petition No. 14719 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No. 14719 of 2011 Date of Decision: 18.1.2012
Mahant Rajinder Dass Chella Mahant Chatarmuni
.. Petitioner
VS.
State of Punjab & Ors.
.. Respondents
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
Present:Mr. S.L. Chandershekhar, Advocate for the petitioner.
Mr. Jaswinder Singh, DAG Punjab for respondents No.1 and 5.
**Mr. Anil Chawla, Advocate for respondent No.6. *****
Alok Singh, J.(Oral)
The sole question involves in the instant writ petition is as to whether revenue Authorities can decide the question of succession of the office of Mahant of Akhara in question?
Learned State counsel has very fairly stated that the land is not a Jagir land, therefore, neither Financial Commissioner nor Commissioner or Deputy Commissioner has any jurisdiction to decide the question of succession of Mahant of Akhara
Mr. Anil Chawla, learned counsel appearing for respondent No.6 has not controverted the submission made by learned State counsel.
Since the impugned order is without jurisdiction, therefore, same cannot be sustained in the eyes of law. The petition is allowed and
Civil Writ Petition No. 14719 of 2011
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impugned order dated 6.6.2011(Annexure P-18) is quashed. The parties are left to approach the competent civil Court to get question of succession of office of Mahantship decided, if the same has not been decided so far by the competent civil Court.
January 18,2012 Jiten
(Alok Singh) Judge
2 issues framed by the court
Whether revenue authorities have jurisdiction to decide the question of succession to the office of Mahant of an Akhara?
Whether the petition challenging the revenue order should be allowed?
Mahant Rajinder Dass
State of Punjab
Ors.
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
