Mahant Purnanad Chela Mahant Vishnu Deva Nand v. Divisional Commissioner
2012-09-25
RANJIT SINGH
body2012
DigiLaw.ai
JUDGMENT Mr. Ranjit Singh, J.: - The petitioner has approached this Court with a prayer to quash conditions contained in orders dated 17.3.2010 and 17.5.2010 whereby the petitioner-Mahant of a Dera has been directed to maintain the books of accounts regarding the income and expenditure of Dera and for producing the same before the revenue authorities, as and when required. The Divisional Commissioner, Patiala, has upheld this order while dealing with the revision petition filed before him under Section 16 of the Punjab Land Revenue Act, against the order passed by the Collector as well as Assistant Collector IInd Grade, Ahmadgarh. 2. Assistant Collector IInd Grade has sanctioned mutation in the name of Mahant Purnanad on 17.5.2010 but while doing so he has imposed certain conditions. The plea, therefore, by the petitioner was that the Deputy Commissioner and the Assistant Collector IInd Grade have wrongly imposed the conditions to the effect that the petitioner will keep the accounts regarding the income and expenses of the Dera and will maintain the accounts book to this effect. He was further required to submit the same before the revenue officer as and when required. The Commissioner did not accept the pleas raised and found that the conditions have rightly been imposed for proper maintenance of accounts in transparent manner. The Commissioner has observed that mentioning of the details is for welfare of Dera property and this will not cause any prejudice to the petitioner. The Deputy Commissioner had earlier, while approving the appointment of the petitioner as Mohtamim of the Dera, imposed the following conditions:- “1. That this person will not dispose of the property of the Dera in any manner. 2. That this person will not lease out the Dera property for long term. 3. That this person will not misappropriate the Dera property in any manner. 4. This person will maintain the account of income and expenditure of the Dera and will maintain a register for this purpose. This register will be produced before the Revenue Officer as and when required. 5. This person will follow the rules of the Dera and community. 6. If there is any order of the court for maintaining the record of the Dera property, the same will be kept in view.” 3. Thus, the petitioner is not to dispose of the property of the Dera in any manner.
5. This person will follow the rules of the Dera and community. 6. If there is any order of the court for maintaining the record of the Dera property, the same will be kept in view.” 3. Thus, the petitioner is not to dispose of the property of the Dera in any manner. He is also not to lease out the property for long terms. He shall also not misappropriate Dera property in any manner. He is to follow the rules of Dera and community. He was further directed to maintain the accounts of income and expenditure of Dera in a Register, which shall be produced before the revenue authorities as and when required. Once the Deputy Commissioner has to accord validity to the appointment of a Mahant of a Dera, he obviously would have jurisdiction to so approve the appointment with conditions. If the approval is necessary then the power of the authority can not be restricted in any manner. 4. The submission by learned counsel for the petitioner that the revenue authorities will have no jurisdiction to impose such conditions, would not impress me. If the petitioner has to seek approval of the authorities for validity of the appointment, the approving authority can grant such approval on conditions considered appropriate. After all the Deputy Commissioner has to ensure safeguards of such property which is managed by Mahant as trustee of the Dera. The conditions as imposed by the Deputy Commissioner are fair, just and reasonable and are to save the property from being put to any misuse. These directions would ensure that the property and income derived therefrom is properly used for the benefit of Dera only. Therefore, I am not inclined to interfere in the conditions so imposed in exercise of writ jurisdiction. 5. The writ petition is accordingly dismissed. ---------0.B.S.0------------