IMPORTANT POINT
When law requires a particular thing to be done in a particular manner, it has to be done in that manner alone or not at all.

JUDGMENT

B.R. GAVAI, J.

1. Leave granted.

2. The appeals are taken up for hearing.

3. Heard Shri Gagan Gupta, learned senior counsel appearing for the appellant(s) and Shri Atul Parmar, learned counsel appearing on behalf of the respondent(s).

4. These appeals challenge the order dated 30th May, 2023 passed by the Division Bench of the Allahabad High Court in Criminal Misc. Writ Petition No.5140 of 2023 and the order dated 10th May, 2024 passed by the Division Bench of the Allahabad High Court in Criminal Misc. Recall Application No.5 of 2023.

5. It further appears that the appellant is managing the affairs of the appellant-temple known as Shri Khereshwar Mahadev Va Dauji Maharaj Samiti, Aligarh.

6. It appears that there is a dispute with regard to the management of the said temple with various committees urging for control. With regard to the said dispute Original Suit No.623 of 2012 was pending before the learned Additional Civil Judge, Senior Division, Aligarh. In the said suit, an application for temporary injunction was filed by the appellant herein and the same was rejected. Being aggrieved thereby the appellant herein filed an appeal before the learned Additional District Judge, Aligarh. The learned Additional District Judge, Aligarh, vide order dated 6th April, 2019 passed the following order:-

“The Misc. Civil Appeal No.51 of 2014 filed by the appellant Khereshwar Mahadev & Dauji Maharaj through President Shri Satya Pal Singh & Anr., is allowed. The order dated 27.03.2014 passed by Lower Court on 7-C application in Original Suit No.623 of 2012 Khareshwar Mahadev & Dauji Maharaj Samiti Vs. Kaereshwar Dham Vikas Samiti is set- aside. The file is sent to the Ld. Lower Court for the purpose that if any party intends to bring on record any documentary evidence which may be necessary for disposal of this matter, then while disposing of the same, the Ld. Lower Court would dispose of 7-C application afresh if possible within a period of 4 months. Both the parties in the light of order dated 25.04.2014 shall maintain Status Quo till disposal of 7-C application. Parties are directed to appear before the Ld. Lower Court on 12.04.2019.”

7. It further appears that the Respondent No.5/Manju Devi the Pradhan of Gram Sabha, Hardaspur had filed an application before the District Magistrate, Aligarh for implementation of the order dated 18.09.2007 passed by the Sub-Divisional Magistrate, Lodha by which the temple was directed to be given in favour of the Gaon Sabha, Hardaspur. In the said proceedings, a report was called for from the Sub-Divisinal Magistrate, Aligarh. The Sub-Divisinal Magistrate, Aligarh submitted his report on 07.02.2023, which reads thus:-

“The suit is under consideration in the court. No proceeding is possible to be conducted because presently a suit in Original Suit No.372/12 titled Satyapal v. State is under consideration/pending in the Court of the Additional Civil Judge, (Senior Division), Aligarh in relation to the aforementioned matter.”

8. It appears that on the basis of the report, the District Magistrate did not find it appropriate to proceed further. In these circumstances, a writ petition came to be filed by Respondent No.5/Manju Devi. In the said writ petition, the Division Bench of the High Court of Allahabad passed the order dated 30th May, 2023 directing the Respondent Nos.2 and 3, i.e. the District Magistrate, Aligarh and Sub Divisional Magistrate, Aligarh to comply with the order dated 18th September, 2007. In effect, it directed that the possession of the temple premises to handed over to the respondent(s). Since it was the contention of the appellant that the said order was passed without giving an opportunity of hearing to the appellant herein, the appellant herein approached this Court by way of Special Leave Petition (c) ...@ Diary No.30082 of 2023. This Court vide order dated 11th August, 2023 permitted the petitions(s) to be withdrawn with liberty to take such steps as are permissible in law. Accor