1. - Heard Mr. Anil Mehta, the learned counsel for the appellant.

2. For the order proposed to be passed, it is not considered essential to issue formal issue.

3. The respondent No.1 herein, instituted S.B. Civil Writ Petition No.14611/2009, seeking appropriate writ, amongst others, to interfere with the order dated 02.09.2008, passed by the learned Civil Judge & Chief Judicial Magistrate, Ajmer, appointing the appellant herein, as the acting Chairman of the Dargah Hajrat Meera Sahab, Taragarh, Ajmer (for short, hereafter referred to as 'the Dargah') and to appoint a regular Chairman in his place. An appropriate direction was also sought for to order the learned Civil Judge, Ajmer (respondent No.2 in the writ petition) to hold a proper enquiry against the appellant. The respondent No.1 pleaded that as far back in the year 1894, a suit i.e. Civil Suit No.213/1894 Nazaf Ali & Ors. Khadims of the Dargah Meera Sahab v. Gulzar Ali , was instituted alleging chiefly that the Dargah was not being properly managed and further due to financial irregularities, it was being exposed to considerable loss. By the judgment and order dated 27.10.1896, the learned Sub Judge, First Class, Ajmer, formulated a scheme for efficient supervision and control of the Dargah, where-under a Committee comprised of three members, two of whom were to be appointed by the Khadims by election from amongst themselves and a president thereof, was contemplated. The president of the Committee was to be a Mohamadan and all the members were required to be adult males of respectability. The person convicted of a serious offence under the Indian Penal Code i.e. theft, criminal breach of trust or the like or of bad character, was construed to be ineligible for the membership. The respondent No.1 averred that since thereafter, the Dargah had been managed and supervised by the Managing Committee. That the Chairman was being nominated by the Civil Judge-cum-Chief Judicial Magistrate, Ajmer, was mentioned as well. He further stated that the Civil Judge, Ajmer appointed the appellant as the Chairman/President of the Managing Committee by his order dated 03.01.1989. He alleged that in the face of several complaints, he (appellant) was removed from the office of the Chairman on 03.08.1989. He, however, could manage to continue in the office on the strength of interim order obtained by him in S.B. Civil Writ Petition No.3179/1989, which was eventually dismissed as in-fructuous. According to the respondent No.1, a specific complaint was made against the appellant on 23.06.1990 and though, an enquiry on the basis thereof was ordered by the learned Civil Judge, Ajmer and the allegations were found to be correct, no action was taken against him (appellant). It was, thereafter, that the appellant was again appointed as the Chairman of the Committee by the learned Civil Judge, Ajmer by his order dated 05.07.2003. The respondent No.1 has alleged that though a number of complaints had been filed against the appellant, highlighting his continuous misconduct vis-a-vis management of the Dargah, the learned Civil Judge, Ajmer, without making any enquiry in connection thereto, again appointed him the Chairman of the Managing Committee vide order dated 02.09.2008 until further orders. Contending that in-spite of several pending complaints, no enquiry was being conducted and that instead, the appellant was made to continue as the Chairman of the Committee for over two decades, the respondent No.1 therefore, sought to invoke the writ jurisdiction of this Court for redress.

4. The appellant, in his reply, while admitting that the supervision and control of the Dargah, in terms of the judgment and order dated 27.10.1896, referred to here-in-above, was entrusted to the Managing Committee, however, denied the imputations levelled against him. He, instead, pleaded that FIR No.94/90 at Police Station Ganj, Ajmer under Sections 408, 420, 467, 468, 471 IPC had been registered against the respon