- (1.) The petitioners have approached this Court being aggrieved against the order dated 31.3.2006/Annexure-23 to the writ petition passed by the District Magistrate, Shahjahanpur whereby he dismissed applications dated 23.12.2005 and 5.2.2006 filed by one Amresh Kumar claiming to be Member of Working Committee and Ashram in-charge, Shri Ram Chandra Mission Yogashram, Misripur, Hardoi Road, District Shahjahanpur (Petitioner No. 3 in the representative capacity). It is apparent that Amresh Kumar/Petitioner No. 3 had filed applications in question dated 23.12.2005 and 5.2.2006 (Annexures-18 and 19 to the writ petition respectively). The pleadings contained in the writ petition as well as the documents annexed therewith particularly the applications filed by petitioner No. 3 himself (Annexures-18 and 19 to the writ petition as well as the impugned order passed by the District Magistrate) show that O.S. Nos. 360 of 2000 and 403 of 2003 are still pending and certain interim orders have been passed with regard to the dispute between the two rival factions claiming right to manage the 'Ashram'. A document, titled 'Compromise' purported to have been signed in representative capacity by the two rival factions, was got executed on 8.11.2003 (Annexure-17-B to the writ petition). It is; however, stated before us that this 'Compromise' has no sanctity in the eye of law in as much as all the persons involved in the management were" not taken into confidence. However, we are not on this issue at this stage.
(2.) The order of the District Magistrate shows that by, means of the said 'compromise' dated 8.11.2003, a workable solution was found out in order to en-' able members of respective factions to attend Ashram and participate therein and to ensure that there was no clash between the two groups while they perform their duties relating to Ashram. The applications filed by and on behalf of petitioner No. 3 (referred to above) show that the persons had approached the District Magistrate for passing appropriate orders to ensure that other group does not interfere with their holding of 'Birth-day Celebration' of Shri Ram Chandraji Maharaj on that day. The District Magistrate, taking into account the pendency of the aforesaid Civil Suits, the interim orders passed therein as well as aforementioned compromise, came to the conclusion that there was no occasion for passing an order to disturb the 'modus operandi' adopted as per aforementioned compromise and rejected those applications. While passing the said impugned order, the District Magistrate has, however, referred to certain facts regarding working and control of one of the groups.
(3.) The petitioners have approached this Court, being aggrieved against the aforesaid order, and claimed a writ of certiorari to quash the impugned order dated 31.3.2006 (Annexure-23 to the writ petition) as well as the aforementioned compromise dated 8.11.2003 (Annexure 17-B to the writ petition), a writ of mandamus not to give effect to the impugned orders dated 31.3.2006 and to allow the petitioners to celebrate Birthday function of Shri Babuji Maharaj on 30.4.2006, to handover physical possession of the Ashram premises illegally taken by other group on 2.4.2006 and direct them not to interfere in their working and management of the Ashram as also command the concerned respondent Nos. 2 and 3 to provide adequate security to the petitioners so that rival groups (respondent Nos. 4 to 10) may not destroy the property in question.;