Allahabad High Court: In a writ filed by Sri Bihari Ji Seva Trust/petitioner alleging that the temple was initially documented under the name of ‘Mandir Banke Bihari Ji Maharaj' in State revenue records, but in 2004 the ownership of the temple land underwent alteration , and was registered as a graveyard , Saurabh Srivastava, J. requested the Sub-Divisional Officer, Chhata, Mathura to come up with the entire revenue records along with the details of the change of the entries made from time to time regarding the Banke Bihari Ji Maharaj Temple in Mathura.
After perusing the personal affidavit, the Court said that it is not clear that once the name of the petitioner has been recorded in the records of rights of the base year, i.e. 1359 Fasli, as bhumidhar with transferable rights, under which circumstances, the same has been converted from time to time and several other entries have taken place in the revenue records.
Thus, the Court requested Sub-Divisional Officer, Mathura to come up with the entire records along with the details of the change of the entries made from time to time regarding plot no. 1081 situated at Shahpur, Mathura and apprise the Court by way of filing a separate affidavit.
The matter will next be taken up on 5-9-2023.
[Sri Bihari Ji Seva Trust v State of UP, 2023 SCC OnLine All 651, Order dated 17-8-2023]
Advocates who appeared in this case :
Counsel for Petitioner: Advocate Avneesh Tripathi, Advocate Raghwendra Prasad Mishra
Counsel for Respondent: Chief Standing Counsel