Allahabad High Court: In a writ petition filed by Thakur Rangji Maharaj Virajman Mandir for payment of the annuity under Section 99 of UP Zamindari Abolition and Land Reforms Act, 1950 by District Magistrate of Mathura and its Senior Treasury Officer, Rohit Ranjan Agarwal, J. while referring the matter to Chief Minister Yogi Adityanath for necessary action, expressed pain to note that temples and trusts have to knock the doors of the Court to get their dues released from the State Government, which should have automatically flowed from the Treasury of the State into the account of temple.
The Court noted that in the instant case, the annuity has not been paid from 01-01-2020 to 31-12-2023 amounting to Rs. 3,52,080. It was surprised to read the personal affidavit of Commissioner/Secretary, Board of Revenue wherein it has been mentioned that the amount could not be released to the temple in question along with eight other temples of Vrindavan due to paucity of fund.
The Court expressed pain to note that temples and trusts have to knock the doors of the Court to get their dues released from the State Government, which should have automatically flowed from the Treasury of the State into the account of temple. It is an annual feature and the officer concerned should have made the necessary arrangement for releasing the annuity of the temple in question.
The Court remarked that in this modern age of technology, once the financial year begins the State should automatically transfer the amount into the account of the temple.
It further added that the Letter written by the District Magistrate, Mathura to the Special Secretary, Government of U.P. at Lucknow is an indicator to the effect that the official sitting at Lucknow do not care for the release of annuities to the trusts and temples.
After perusing the personal affidavit of Commissioner/Secretary, Board of Revenue, the Court noted that no effort has been made by the officer concerned for last four years for getting the annuity transferred into the account of the temple. Moreover, no correspondence has been brought on record to demonstrate that any serious effort has been made by him to get the budget sanctioned from the State Government. The Court finds it unusual that temple authorities are running from pillar to post to get their dues released from these government officials.
The Court directed that the Commissioner/Secretary, Board of Revenue, U.P. to be present in the Court on 20-03-2024 and to explain that why the annuity for the temple in question alongwith eight other temples of Vrindavan has been withheld for last four years.
The Court directed the Registrar (Compliance) to intimate this order through FAX within 24 hours to the Chief Secretary, Government of U.P. who shall place this matter before the Chief Minister for necessary action.
[Thakur Rangji Maharaj Virajman Mandir v. State of UP, 2024 SCC OnLine All 729, Order dated 18-03-2024]
Advocates who appeared in this case:
Counsel for Petitioner :- Devansh Misra
Counsel for Respondent :- Chief Standing Counsel
