Banke Bihari Temple Land Ownership Changed As Graveyard? : Allahabad HC Seeks Entire Revenue Records

The Allahabad High Court has directed for the production of the entire revenue records in connection with the change in the ownership of the Banke Bihari Ji Maharaj temple land in Mathura as a 'graveyard'.

The bench of Justice Saurabh Srivastava passed this order on a petition filed by Sri Bihari Ji Seva Trust (of Mathura).

"Ms. Shweta, Sub-Divisional Officer, teshil-Chhata, district-Mathura is requested to come up with the entire records along with the details of the change of the entries made from time to time with regard to plot no. 1081 situated at village-Shahpur, teshil-Chhata, district-Mathura and apprise the Court by way of filing a separate affidavit," the Court directed.

Essentially, the petitioner trust moved the Court submitting that plot no. 1081 situated at Village Shahpur, Tehsil Chhata, District- Mathura was originally registered in the name of Mandir Bake Bihari Ji Maharaj in the state revenue records, however, the same has been changed way back in the year 2004 itself against the name of graveyard.

In their writ plea, the Petitioner Trust sought a direction in the nature of mandamus to decide the application preferred by the petitioner for correcting the revenue entry that has been illegally recorded against the graveyard in place of Mandir Bake Bihari Ji Maharaj.

It was argued that since ancient times, the plot in question was registered in the name of Banke Bihari Maharaj, however, in 1994, one Bhola Khan Pathan got the said land registered as a graveyard in connivance with the revenue officials.

On getting the information, it was submitted, the temple trust filed an objection to the same, the matter went up to the Waqf Board and a seven-member team investigated and found that the graveyard was wrongly registered, however, despite this, the name of Banke Bihari Maharaj was not registered on the land, on which this petition had been filed.

Hearing the matter on August 10, the Court directed respondent No. 3/tehsildar to appear in person to explain the proceedings whatsoever that have been carried out by the Revenue Authorities from time to time for changing the entries available over the plot in question. 

On August 17 though a personal affidavit was filed by respondent no. 3, however, the same did not clarify that once the name of the petitioner had 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 had been converted from time to time and several other entries have taken place in the revenue records

In view of this, the Court directed the Sub-Divisional Officer to come up before the Court with the entire records on September 5. 

Case title - Sri Bihari Ji Seva Trust vs. State Of U.P. And 4 Others [WRIT - C No. - 27739 of 2022]

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