S.U.Khan, J. - (1.) AT the time of hearing, no one appeared on behalf of respondent No. 2, the only contesting respondent, hence only the arguments of learned counsel for the petitioner were heard.
(2.) PETITIONER No. 1 is Shri Jai Durga Devi Birjman Mandir Devi Than, Mohalla Gayaspur, Town Bisalpur, District Pilibhit and petitioner No. 2, Har Govind Dubey (H.G. Dubey) claims to be its Sarbarakar/Manager. According to the petitioner No. 2, he purchased the land and established the Mandir in question on the said land and he is himself its Sarbarakar/Manager. Respondent No. 2, Dal Chand got a society registered under Societies Registration Act on 7.11.1985. Registration certificate was granted by Assistant Registrar, Societies, Firms and Chits, Bareilly bearing No. 1200 of 1986 by the name of Sidhdhi Sri Durga Mandir Gayaspur, Bisalpur, District Pilibhit with respondent No. 2 as its Manager. Petitioner No. 2 filed application for cancellation of the said certificate on 5.7.1986 under Section 12-D (a) & (c) of Societies Registration Act as amended by U.P. Assistant Registrar through order dated 26.10.1987 cancelled the registration by holding that registration had been obtained by concealing the facts and playing fraud. Against the said order, respondent No. 2 filed appeal before respondent No. 1, the Commissioner who allowed the appeal through order dated 3.5.1988 and remanded the matter to Assistant Registrar for reconsideration. The said remand order has been challenged through this writ petition.
(3.) THE Assistant Registrar before deciding the matter through order dated 26.10.1987 had called for a report from S.D.M. also regarding valid right of the person/society over the Mandir in question. Copies of sale deeds were filed by petitioner No. 2 before the Assistant Registrar. Copy of Khasra was also filed regarding possession of petitioner No. 2. A certificate issued by Tehsildar to that effect was also filed. Similarly certificate issued by Gram Pradhan to that effect was also filed. Some documents by and on behalf of Society were also filed by its Secretary Virendra Kumar Saxena. Petitioner No. 2 also filed receipt of payment of house tax. Ultimately, the Assistant Registrar held that Mandir was constructed/installed over the land, which belonged to petitioner No. 2. The Commissioner remanded the matter for consideration of the following points: (1) To ascertain the percent position of the land over which temple is situated, whether it is in possession of some particular person and is being used as public religious place and for the said purpose revenue records and other evidence should be looked into. (2) It must be ascertained as to how much time has passed since establishment/installation of the temple and what is the status of temple and mela (fair), which is held over the adjoining land. (3) What are the aims, objects and purposes of the Association formed by Dal Chand respondent No. 2 and what is the nature of its membership? (4) What is the relation of Pt. Har Govind Das with the temple and adjoining land?;