D.K. Seth, J. - (1.) By an order dated 27.12.1986, the Commissioner under Section 4 (2) of the U. P. Hindu Public Religious Institutions (Prevention of Dissipation of Properties) Act, 1962, appointed the Sub-Divisional Officer, Mirzapur as Investigating Officer in respect of the trust-Swami Sukdewa Nand Ashram Trust. Against the said appointment, the respondent No. 5 had made an application for not holding enquiry which was dismissed by an order dated 14.3.1987. Against the said order, the respondent No. 5 herein had filed Misc. Appeal No. 43 of 1987 before the District Judge, Mirzapur, who by an order dated 4.5.1987 allowed the appeal and held that the Investigating Officer Sub-Divisional Officer, Dudhhi had no Jurisdiction to proceed with the enquiry into the affairs of the said trust. It is this order which has since been challenged by the petitioners.
(2.) Mr. S. K. Singh, learned counsel for the petitioner, relies on the decision in the case of Krishna. Nand Slngh v. Commissioner, - Varanasi Division, Varanasi and others, 1987 AWC 1207, and contends that the respondent No. 5 had challenged the said orders dated 27.12.1986 and order dated 14.3.1987 in Writ Petition No. 2559 of 1987 which has since been decided on 9.4.1987 and the same has been reported in the Journal as cited above. In addition, in the said wnt petition the notification dated 6.12.1983, by which one Sri D. S. Bagga was appointed Commissioner, Varanasi Division, Varanasi as Commissioner under Section 4 of the said Act, was also challenged.
(3.) In the appeal, a point was taken that said Sri Bagga admittedly professing Sikh religion was not a Hindu within the meaning of Section 4 (2) and that he was not empowered to appoint the Sub-Divisional Officer as Investigating Officer in the absence of any notification empowering the Commissioner to delegate his power for appointing Investigating Officer.;