State of U.P. vs IIIrd Addl. District and Sessions Judge

R.M. Sahai, J.—By way of this petition the order passed by III Additional District and Sessions Judge Varanasi in proceedings arising out of notice issued u/s 10(2) of U.P. Imposition of Ceiling on Land Holdings Act have been challenged. It was claimed by opposite party that 38 bighas land was endowed by Maharaja Banaras to Ram Janki Mandir and to the deity Maharani Sitaji for charitable purposes, therefore it was exempt u/s 6(f) of the Act. It was not accepted by Prescribed Authority. In appeal it was found that a trust was created and the land was endowed to the deity as alleged by opposite party. It was further found that although no details of income and expenditure was available but it being established that a temple, school and dharamshala was maintained by the trust it was obvious that income was being utilised for charitable purposes.

The finding that endowment was created is a finding of fact. It being based on evidence is not liable to interference in writ jurisdiction. The Standing Counsel has not challenged it seriously. But according to him even if charitable trust was established no benefit could be granted to opposite party as appellate authority failed to record any finding that the income from the trust was being utilised wholly for religious and charitable purposes. The submission appears to be well founded. Benefit under sub Clause (f) of Section 6 can be given to a tenure-holder only if the land is held by a trust and the income from the land is wholly utilised for religious and charitable purposes. As no finding has been recorded on crucial question the order of appellate authority cannot be maintained.

In the result this petition succeeds and is allowed. The finding that land was held under charitable trust is affirmed. He is directed to decide whether income from the trust was spent wholly for religious or charitable purposes. For this purposes he shall permit parties to file evidence as well. The Petitioner shall be entitled to its costs.