DIGAMBAR JAIN PANCHAYAT Vs. STATE OF U P

JUDGEMENT

(1.) IN this petition counter and rejoinder affidavits have been exchanged between the parties. Learned Counsel for the parties have agreed that this petition may be decided finally at this stage.

(2.) THE facts giving rise to this peti tion, as disclosed in the writ petition, are that Lal Kishore Lal and Jadav Rai on 3-4-1935 purchased land measuring 65' x 35' consisting of plot No. 1702, in Kasba Chauharpur (now known as Vikas Nagar) in district Dehradun. On this land a temple known as Digambar Jain Temple was constructed and also some shops. THE management of the temple and its properties is looked after by Society. In 1987 the Society, petitioner No. 1, Shri Digambar Jain Panchayat, Vikas Nagar (hereinafter referred to as Panchayat) applied for registration of the Society before Assis tant Registrar (Firms, Societies and Chits), Dehradun, respondent No. 2. Petitioner No. 2 claimed himself to be President of the Committee of Manage ment of the Panchayat with one Vijai Kumar as its secretary. On 7-11-1987 ob jection was filed by respondent No. 3 society known as Shri Digambar Jain Samaj, Jain Dharmartha Aushadhalaya, Chakrata Road, Dehradun (hereinafter referred to as Samaj) through secretary Prem Chand Jain. Respondent No. 3 also applied for registration of the Samaj with different committee of management before respondent No. 2.

(3.) ON 5-12-1997 when the writ peti tion was again listed before us, Shri R. K. Jain filed a supplementary affidavit in para 2 whereof filing of Original Suit No. 646 of 1991, Bhagwan Paras Nath Digambar Jain Mandir Vikas Nagar, Dehradun, Digambar Jain Panchayat; vikas Nagar, Dehradun and others v. Digambar Jain Samaj Vikas-nagar, Dehradun and others, has been ac cepted. It has also been stated in this para graph that the relief sought in the suit is for declaration and grant of permanent injunction against defendant Nos. 1 to 12 in the suit. A copy of the plaint has been filed as Annexure-1 to the supplementary counter-affidavit, a perusal of which shows that Digambar Jam Samaj, respondent No. 3, is defendant No. 1 in the suit. Learned Counsel for the petitioners also filed an application for permission to delete relief No. 3 from the writ petition.