Explain How Banke Bihari Temple Land Ownership Changed As Graveyard In Revenue Records?: Allahabad HC To Tehsildar

The Allahabad High Court has directed the Tehsildar of Chhata Tehsil (district Mathura) to appear in person before it to explain how the ownership of the Banke Bihari Ji Maharaj temple land was changed in the state revenue records in 2004 in the name of a graveyard.

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

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. 

On the other hand, the Standing Counsel submitted before the Court that one application is also pending for recording the name of the graveyard since the entries have now been changed from graveyard to purani abadi.

Taking note of the aforementioned facts and circumstances, respondent No. 3/tehsildar was directed 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. The Court has posted the matter for hearing on August 17.

Advocates Avneesh Tripathi and Raghwendra Prasad Mishra appeared for the petitioner trust. Standing Counsel Dhananjai Singh appeared for the respondents.

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