Hon'ble Prakash Krishna, J.—The petitioner Bheekam Chandra who has been in settled possession of the property in question for the last 50 years, earlier his father and after his death he came in possession has been dispossessed without recourse to any legal proceedings, by the Sub-Divisional Magistrate (Sasni) who acted in the light of the order passed by the District Magistrate and the District Magistrate at the instance of a local MLA namely Shri Genda Lal Chaudhary, without recourse to any legal, quasi legal or to even summary proceedings, ex parte, arbitrary and whimsical.

2. Khasra No. 40 situate in Bijahari Tehsil Sasni District Hathras (Mahamaya Nagar), later converted as Plot Nos. 40/2 and 27 is the subject-matter of the present writ petition. A temple, dharamshala and 20 shops are there on the said plot.

3. Indisputably, Smt. Kishani Kunwar, the then Zamindar established a temple of Jawala Ji Maharani on the said plot, owned by her. She maintained the temple during her life time. She died in the year 1950-51 without leaving any issue. Shri Devi Prasad father of the petitioner claimed himself as nephew of Smt. Kishani Kunwar started managing the temple after death of Smt. Kishani Kunwar. He also died in the month of May 2007. The petitioner claims that thereafter he is managing the temple, dharamshala and 20 shops after death of his father and claims to be in continuous possession of the temple, dharamshala and shops. Proceedings under Section 122-B for eviction of unauthorised occupation over Gaon Sabha property, under U.P. Zamindari Abolition & Land Reforms Act were initiated against Devi Prasad. The said proceeding was dropped by the order dated 29.9.1975 in favour of Devi Prasad. The order dated 29.9.1975 was passed by the Assistant Collector, Hathras. In paragraph-14 of the writ petition, it has been stated that against one of the tenants of the shop built on the land of the temple, Devi Prasad had initiated eviction proceedings, as Manager and Landlord. The said proceedings came up to this Court in writ petition No. 28314 of 1995 at the instance of tenant Ram Swaroop. This also shows, the possession of Devi Prasad over the property in dispute. According to the petitioner, the property was never vested in Gaon Sabha after abolition of Zamindari in the State of U.P.

4. The dispute giving rise to the present writ petition started on the basis of a letter dated 19.3.2010 (Annexure-12 to the writ petition) written by one Shri Genda Lal Chaudhary, a sitting Member of Legislative Assembly of the ruling party, to the District Magistrate stating that Plot No. 27 is recorded as Gaon Sabha property on which son of Devi Prasad, the petitioner and daughter Geeta Devi are in unauthorised occupation and they have forged a Will in their favour. It was requested that the Criminal Case against the unauthorised occupants be registered and proceedings as permissible under law be initiated. The District Magistrate on 27.3.2010 forwarded the letter of the MLA to the Sub-Divisional Officer with the remarks that after making necessary inquiry and after hearing the complainant and Raj Pal Singh Dishwar, Advocate necessary action be taken. On 13.4.2010 a FIR was lodged by the Lekh Pal of the area against the petitioner and Smt. Geeta Devi under Section 3/5 of the Prevention of Damages to Public Property Act 1984 and Sections 406,409,420, 367 and 468 of I.P.C. It was registered as Case Crime No. 113 of 2010. A Criminal misc. writ petition being Writ Petition No. 6383 of 2010 was filed by the petitioner and another for staying the arrest of the petitioner in the aforesaid Case Crime No. 113 of 2010 wherein this Court on 20.4.2010 stayed the arrest of the petitioner.

5. Thereafter, on 26.5.2010 an application was filed before the Sub-Divisional Officer by the respondent No. 7 requesting that on Plot No. 27 Administrator be appointed. The Sub-Divisional Officer on the same day i.e. on 26.5.2010 directed the Tahsildar/Station House Off