Chandra Bhan Pandey And 36 Others vs Ram Katore Pandey
2023 Latest Caselaw 371 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 11793 of 2022
 

 
Petitioner :- Chandra Bhan Pandey And 36 Others
 
Respondent :- Ram Katore Pandey
 
Counsel for Petitioner :- Yogesh Kumar Saxena,Yadvendra Rai Pandey
 

 
Hon'ble Ajit Kumar,J.

Heard Sri Yogesh Kumar Saxena, learned counsel for the petitioners.

By means of this petition filed under Article 227 of the Constitution of India, a direction has been sought to the District Judge, Mathura to decide the complaint/representations filed by the petitioners against the appointment of the receiver in respect of temple in question pursuant to a compromise judgment and decree dated 15.10.1924.

It is submitted that though the receiver was appointment pursuant to the decree with certain conditions imposed upon him but the receiver has failed to comply with those conditions inasmuch as the term of the receiver having expired on 31.3.2020, the District Judge was under obligation of decree to appoint a new receiver. Certain objections have also been raised regarding continuance of receiver on the ground that in the order passed by this Court earlier in First Appeal from Order 3664 of 2010 decided on 16.12.2010, receiver namely the respondent was held to be not eligible person to be appointed as receiver. Learned counsel for the petitioners further submits that this person who is continuing as a receiver is a suspended teacher of Basic Shiksha Parishad and the order of suspension has also been brought on record as Annexure-3 to this petition.

In view of the above facts and circumstances of the case and the fact that no receiver has been appointed after expiry of the term of presently continuing receiver, namely, the respondent impleaded in this petition, this petition stands disposed of with the direction of District Judge concerned to take appropriate decision in the matter of the complaint/representations of the petitioners filed on 04.09.2020 and 20.12.2021, by means of a reasoned and speaking order within a period of eight weeks from the date of presentation of certified copy of this order.

Order Date :- 4.1.2023

SP