RAJAN ROY,J. - (1.) This is a writ petition under Article 226 of the Constitution of India challenging inter alia an order dated 18.9.2008 passed by the Deputy Director of Consolidation (D.D.C.) under section 48 of the Consolidation of Holdings Act 1953 (hereinafter referred as 'Act 1953') and another order dated 25.11.2010 passed by him dismissing the review petition on the ground that it was not maintainable. Certain other reliefs have also been sought for declaring/quashing certain orders/transactions based on the decisions of the Consolidation Courts.
(2.) The petitioner no.1 is Ram Janki Mandir Pure Baba H/o Itura Bujurg, through its Mahanth Swami Prem Das, whereas petitioner no.2 is Swami Prem Das, Chela of Swami Satya Narain Das. The opposite party nos.9 and 10 are the contesting private respondents who are the transferees of the property bearing Old Plot No.270 and 1000 situated at Village Itura Bujurg, District Raebareli, the same having been gifted to them by Baba Satya Narain Das.
(3.) The dispute is essentially as to whether the aforesaid landed property belongs to the Deity or Baba Satya Narain Das who claimed to be its Sarvakar. It is not in dispute that the land in question was earlier entered in the name of Baba Vrindavan Das who used to manage the temple and its properties. At some stage Baba Vrindavan Das is said to have moved an application before the Divisional Commissioner for entering the property in the name of the Deity so as to avoid hassles and disputes in this regard, which is said to have been allowed. After the death of Baba Vrindavan Das his disciple Baba Dineshwardas came to be recorded, however, on issuance of notification under section 4 of the Act 1953 as further proceedings arising out of the Mutation Proceedings in favour of Baba Dineshwardas were pending, the mutation proceedings stood abated, consequently objections were filed under section 9 of the Act 1953 before the Consolidation Officer (C.O.) for recording the name of the Deity in place of Baba Dineshwardas, whereas the latter claimed that he should be appointed Sarvarakar and that the property belonged to him, he, having inherited it from his Guru Baba Vrindavan Das. The Consolidation Officer ordered correction of the Basic Year Khatauni in favour of Baba Dineshwaranand and recording of the property in favour of the Deity, instead of him. The C.O. vide his order dated 2.7.1991 opined that the Consolidation Courts did not have jurisdiction to appoint Sarvakar and this was in the domain of the Civil Court. Furthermore, he recorded that Khata No.270 Bhumidhari and Khata No.1000 Sirdari belonged to the Deity, and not to Baba Dineshwardas. As Baba Dineshwardas had sold off some of the lands, therefore, the transferees had also filed their objections, whose claim to the same was also rejected by the same order. Being aggrieved Baba Dineshwardas and the transferees filed 5 separate appeals under section 11(1) of the Act 1953 before the Settlement Officer, Consolidation (S.O.C.), who did not rule in favur of Baba Dineshwardas or his transferees. Thereafter, a revision was filed before the D.D.C. under section 48 of the Act 1953 by Baba Dineshwardas. The Revisional Court also affirmed the orders of the C.O. and the S.O.C. Not being satisfied by the order, Dineshwardas filed a writ petition before the high Court bearing No.371 of 1974, certified copy of which, alongwith the orders passed by the Consolidation Courts referred hereinabove, was placed before the Court during the course of hearing and has been kept on record. The said writ petition was dismissed by this Court on 6.9.1978. A copy of the said judgment is annexed as Annexure-8 to the writ petition and is not in dispute. ;