PRADEEP KANT,RITU RAJ AWASTHI,J - (1.) COUNTER affidavit filed to the affidavit filed in support of the impleadment application is taken on record. Heard Sri Pankaj Pandey appearing for the petitioners as well as Sri Rama Kant Dixit holding brief of Sri Girdhari Lal Shukla, appearing for the applicant seeking impleadment and Sri A.K. Bhatnagar for respondents no.1 to 3.
(2.) THE facts which are relevant for the purpose in the writ petition are that Baba Prithavi Nath Mahadev Temple is situated in Village- Pachran, Post Jhalidham, Pargana, Tehsil and District Gonda, over which a dispute regarding management occurred and a suit no.67 of 1985 was filed by Sri Mahadeo under Section 92 of the Code of Civil Procedure. The suit was filed in the year 1985 and on 4.4.2007 the Civil Court appointed the District Magistrate, Gonda as receiver of the said temple. On 21.5.2007 the District Magistrate took over the charge of the temple. Against the appointment of receiver F.A.F.O. No.389 of 2007 was filed by Sita Ram and others. The aforesaid suit no.67 of 1985 was dismissed on 19.11.2008 and the interim order dated 4.4.2007 whereby the District Magistrate, Gonda was appointed receiver, was discharged on specific terms. It is further submitted that a writ petition was also filed against the interim order dated 4.4.2007, which too dismissed on 26.11.2008. Before filing of the F.A.F.O., the petitioners had approached this Court by filing Writ Petition No.10809 (M/B) of 2009 claiming the relief that the charge of the temple be directed to be delivered to the petitioners, as suit stands dismissed.
(3.) THIS writ petition was dismissed by this Court after observing that in presence of F.A.F.O. which was pending in the High Court, the present petition has been filed which is not maintainable. Opportunity was given to the petitioners' to raise their grievance in the pending F.A.F.O. and also take appropriate steps before the appropriate forum. It appears that thereafter the F.A.F.O. has also been dismissed in default.;