Kutchi Lal Rameshwar Ashram Trust Evam ... vs Collector,Haridwar

3 Swamy Udhav Das Ji Maharaj was visually challenged. On 28 November 1955, he is stated to have purchased land admeasuring two bighas and fifty khewat at Haridwar in the name of his chela, Mohan Lal. According to the petitioner, the Swamy founded the Kutchi Lal Rameshwar Ashram Trust. He is stated to have executed a will on 22 October 1956 nominating some individuals who would manage and administer his properties, including the property in question, after his lifetime. According to the petitioner, this was a second registered will executed by the Swamy since some of those who were nominated in an earlier registered will were not inclined to accept the responsibility.

4 On 13 January 1957, the Swamy died. The Trust is stated to have been registered on 11 November 1957. Among the objects of the Trust, are the following:

5. It was the cherished object of the revered Maharajshri Odhavdasji that the Ashram should provide both shelter and 3 food to the deserving and this is being done within the limitation of the resources at the disposal of the Trust. Many people have expressed their desire to donate moneys for the purposes of running an “Anna Kshetra” as desired by their late Guru Maharaj.” According to the petitioner, all the movable and immovable properties were vested in the Trust. On 23 March 1958, an unregistered declaration is stated to have been executed by Mohan Lal stating that though the property was purchased in his name by the late Swamy, neither he nor his legal heirs would have any rights in the property. The whereabouts of Mohan Lal are not known since 1958. 5 On 10 July 2001, a suit1 was instituted by the petitioner seeking an injunction against the third respondent (an individual by the name of Swamy Mahanand Awdhut Tatambri) described in these proceedings as :

6 The Collector issued a notice to the petitioner following receipt of the complaint. A reply was filed before the Collector on 13 November 2001. The reply traces the acquisition of the property by the late Swamy in the name of his disciple Mohan Lal on 28 November 1955 and adverted to the will executed and registered by the Swamy on 22 November 1956. The reply relied upon the declaration by Mohan Lal on 23 March 1958 stating that he had no right or interest in the property. The reply adverted to the construction carried upon the property by the Kutchi Lal Rameshwar Ashram Trust after plans were duly sanctioned by Haridwar Development Authority. The reply also referred to the fact that the property has been assessed to municipal taxes in the name of the Trust. The Trust claims to have built upon the property and to be in occupation without interruption for forty-five years. Moreover, it was stated that a suit before the Civil Judge, Haridwar was instituted by the Trust since Swamy Mahanand Awdhut Tatambri who had recently purchased the adjoining property had carried out certain unauthorized constructions that affected the rights of the Trust. The petitioner claimed that the complaint against it was instituted before the Collector as a reprisal for the dispute with the adjoining owner which had led to the institution of a suit before the Civil Court. 7 On 12 May 2003, the Collector at Haridwar adjudicated upon the notice to show cause issued by him. The Collector held that a patta of the property was secured by Mohan Lal on 15 July 1955 and on 28 November 1955. According to the Collector, the Trust had not submitted any documentary evidence from which it could be deduced that the property had been purchased in the name of Mohan Lal from 5 the funds of Swamy Udhav Das. According to the Collector, the alleged admission deed of 23 March 1958 by Mohan Lal could not be relied upon, since he was shown to be a resident of Reha Kuch (presently Chandrakela) whereas the person in whose favour the patta had been executed was a resident of village Ishwar Nagar. According to the Collector, the Swamy died before 11 November 1957. The Trust, in the view of the Collector, had failed to submit evidence in respect of the heirs of Mohan Lal. The Collector proceeded to draw an inference of the death of Mohan Lal since he was not heard of for seven years. On this basis, the Collector arrived at the conclusion that the property vested in the State Government by the operation of law. The City Magistrate at Haridwar was directed to take immediate action for taking over the possession of the property.

8 Aggrieved by the order of the Collector, Haridwar, which held that the property had vested in the state government by the operation of Section 29 of the Hindu Succession Act, 1956, and directing the City Magistrate to take over possession, the petitioner challenged the decision in a writ petition under Article 226 of the Constitution before the High Court of Uttarakhand. The Trust claimed to be in the management of the property for over forty-five years and submitted that the only manner in which action adverse to it could have been taken was on the basis of a title action pursued through the Administrator General or through a Civil Court. The Collector, in the submission of the Trust, could not assume the power to decide a question of title in the manner in which he had purported to do. 6 9 Certain developments took place after the Trust instituted writ proceedings before the High Court of Uttarakhand in May 2003. The third respondent had filed an appeal against an order of interim injunction passed in favour of the Trust in the suit instituted by it in the Civil Court. The appeal was dismissed by the Additional District Judge, Haridwar on 24 December 2003. On 9 May 2005, a Division Bench of the High Court admitted the writ petition of the trust challenging the order of the Collector. The High Court stayed the order on the ground, prima facie, that the Collector had no jurisdiction to do so. On 10 April 2007, a writ petition filed by the trust was dismissed (erroneously according to the petitioner on the basis of the facts of another case). The petitioner filed a review petition. The review was allowed by a Division Bench of the High Court on 15 May 2007 and the earlier order was recalled. Eventually, it was by its Judgment and Order dated 15 May 2007 that the Division Bench upheld the decision of the Collector.

……........................................J [N V RAMANA] ................................................J [Dr D Y CHANDRACHUD] New Delhi;

September 22, 2017