V.K. Bist, J.

Shri Hardeo Singh and Shri Santosh Singh Bal filed this writ petition in the year 2001. During the pendency of the petition, petitioner no. 2, Shri Santokh Singh Bal expired. The petition was initially filed seeking issuance of a writ calling upon the respondent to frame Scheme of Management for the administration of Gurudwara more popularly known as Gurudwara Sri Nanakmatta Sahib in consonance and in conformity with the order and judgment dated 20.08.1935 passed by Mr. J. R. W. Benett Esquire ICS, the then learned District Judge, Kumaon in Civil Suit Number 03/1934 between Sardar Santok Singh and Others Versus Chaudhary Ram Singh, alias Sarupanand under Section 92 of the Code of Civil Procedure, wherein, the learned Court had framed guidelines for administrating/managing the said shrine. It was also prayed that the byelaws and the registration under Society Act in 1959 be also struck down.

2. Subsequently, relief was amended vide order dated 14.05.2013 passed by this Court in CLMA Number 4634 of 2013. The earlier prayers were deleted and following prayers have been made:

“(a) Issue a writ, order or direction, in the nature of Mandamus, commanding the parties to the writ petition to abide by the Settlement/Scheme, as approved by this Hon’ble court, in the interest of the holy shrine and the community, for proper management and administration of the holy shrine, namely, ‘Gurudwara Sri Nanakmatta Sahib.

(b) Issue a writ, order or direction, in the nature of Mandamus, declaring that henceforth management and administration of the holy shrine, namely, ‘Gurudwara Sri Nanakmatta Sahib’ shall be run by the settlement/scheme approved by this Hon’ble court, and Receiver appointed or any Interim s constituted, pursuant to an order of this Hon’ble court dated 06.05.2006 or any other order, shall be deemed to have become non-operational.”

3. According to the petitioners, Gurudwara Sri Nanakmatta Sahib is one of the most sacred and religious places of Sikh religion and much revered by the Sikh Community in particular and others in general. It has a very respected and pious history, as Guru Nanak Dev, the first guru of Sikh Panth visited this place some 526 years back and sowed the seeds of Sikh religion in this region and, eventually, by the efflux of time, he brought changes and the area started expanding in length and breadth and attracting persons having deep faith in Sikhism.

4. A Civil Suit under Section 92 of the Code of Civil Procedure was filed before the District Judge, Kumaon in the year 1934. The suit was registered as Civil Suit No. 3 of 1934 (N) between Sardar Santok Singh and others vs. Chaudhary Ram Singh, alias Sarupanand. The District Judge delivered its judgment on 20.08.1935 and framed guidelines for administration and management of the Shrine Gurudwara Nanakmatta. No appeal was preferred, thereafter, by any of the parties before the higher Courts against the aforesaid order passed by the District Judge, Kumaon and the judgment and decree became final and binding to all the parties.

5. The District Judge framed the following scheme for the management of the Gurudwara vide judgment and decree dated 20.08.1935.

(1) There will be a committee of management in place of defendant Chaudhary Ram Singh alias Sarupanand who is removed from his post of Mahant. There will be five members of this committee, namely the four plaintiffs in the case Sardar Santok Singh, Sardar lndrajit Singh, Sardar Ram Singh and Sardar Alwant Singh, and one other Sikh nominated by the Deputy Commissioner, Nainital, after consultation with the other four members of the committee. He should, if possible, be a resident of the Nainial District or failing that of one of the adjoining districts.

(2) The members of the committee will hold office for five years during which period nomination to any vacancy that may occur will be made by the Deputy Commissioner, Nainital after consulting the other members of the committee. A member so appointed mu