The central legal point established in the judgment is that the determination of whether the institution is a Dharamshala or a Gurudwara is not required to be decided in the proceedings initiated for the appointment of Mohatmim.

Hemant Gupta, J.

1. Challenge in the present petition is to the order passed by the Learned Financial Commissioner on 25.05.2001 (Annexure P-7), whereby learned Financial Commissioner remanded the matter to iearned Collector to determine the question, whether the petitioner is Mohatmim to manage the affairs of Dharamshala and also the question, whether the said Dharamshala is a Gurudwara or not.

2. The brief facts, out of which present writ petition arises is that the land measuring 47 Kanals 12 Marias, situated in village Jatike, Tehsil and District Kapurthala, was given in Muafi for a Dharmshaia by the then ruler of Kapurthala estate. The terms of Muafi granted in 1957 Bikram Samwat were as under:-

"By order of His Highness Maharaja Randhir Singh dated 16th March 1923, this land is given in muafi to Dharmshaia (then) in possession of Sadhu Ram Sadh and it will ensure till the existence of Dharmshaia provided the incumbent remains of good character."

3. Harnam Dass was the previous Mohatmim of the Dharamshala, died on 08.10.1975. The present petitioner applied for appointment as Mohatmim on 29.04.1987 to Sub Divisional Officer, Kapurthala inter-alia on the basis of a Will dated 23.06.1972 executed by the last Mohatmim Harnam Dass in his favour. The said request of the petitioner was resisted by one Shingara Singh, who claimed to be more qualified for appointment as Mohatmim. The learned Sub Divisional Officer recommended the name of the petitioner on 02.11.1987. The learned Collector vide order dated 10.11.1988 sought clarification from the Sub Divisional Officer on the seven issues, as mentioned in the said order. Subsequently on 26.09.1989, the Collector passed an order recommending resumption of Muafi. Aggrieved against the said order, four appeals were filed. Such appeals have been decided by the learned Commissioner, Jalandhar Division, Jalandhar, on 19.06.1991 vide order Annexure P-3. The operative part of the order reads as under:-

"I have considered the arguments advanced by the parties and have also gone through the record of lower courts carefully. Keeping in view the latest Ruling containing in 1991 (1) CLJ Page 25 the Collector is competent to appoint a Mohatmim of the institution for its proper maintenance and the muafi land attached thereto. Earlier Harnek Singh was also appointed by the erstwhile Kapurthala State. In case no suitable candidate was available from the present contestant the Collector should invite fresh applications instead of recommending for the resumption muafi land. The muafi was given to the Dharamshala with the condition that the Mohatmim could be of good character. Since the Dharamsala exists them, the question of resumption of muafi land does not arise. Under these circumstances, I consider it appropriate to remand the case to Deputy Commissioner, Kapurthala for its fresh look in the light of my above observations and for passing fresh order after hearing the interested parties. Parties present are directed to appear before him on 21.08.1991. A copy of this order be placed on each file"

4. The learned Collector, in terms of the aforesaid order passed by the Commissioner, appointed the petitioner as Mohatmim vide order dated 11.11.1994. Two appeals were filed against the said order. Both these appeals were dismissed on 28.05.1998. Still aggrieved, the revisions were filed before the learned Financial Commissioner and in the said revision petitions, the impugned order was pessed on 25.05.2001, whereby the matter was remitted to Sub Divisional Officer, Kapurthala, for determination of the status of Gurdwara or Dharmshala afresh. The relevant extract of the order is as under:-

"I have considered the arguments put forth by the counsel for both parties and have gone through record of case. As per spot inspection report dated 18.10.1993 of DRO, Kapurthala, out of 47 K-12 M only 1 K-9 M land is in cultivating possession of Sh. Gurmukh Dass and remaining land is in the cultivating possessi