HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35130 of 2018 Court No. - 2 HON'BLE PRAKASH PADIA, J. HON'BLE VIVEK SARAN, J. 1. The petitioners have preferred the present writ petition inter-alia with the following prayers:- "a) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 20.2.2018 passed by the District Magistrate, District Firozabad has ordered to appoint receiver on the Shiv Mandir situated at Plot No. 277 area 1.33 acre 0.539 hectare situated at Village Santhi, Tehsil Shikohabad, District Firozabad. b) Issue a writ, order or direction in the nature of Mandamus not to interfere in the peaceful possession of the petitioners and management of the petitioners over the Shiv Mandir situated on their private holding plot No. 277 area 1.33 acre 0.539 hectare situated at Village Santhi, Tehsil Shikohabad, District Firozabad." 2. It is argued that only on the basis of the complaint made by the stranger / Ex-Pradhan of the village/ Respondent No.3 namely Raj Kumar, copy of which is appended as Annexure-6 to the writ petition dated 12.02.2018, an order was passed by the District Magistrate, Firozabad/ Respondent No.1 on the same date namely on 12.02.2018 by which the Tehsildar, Shikohabad was appointed as receiver in order to look into the affairs of the Mandir namely Shiv Mandir situated at plot No.277 area 1.33 acre 0.539 hectare at village Santhi, Tehsil Shikohabad, District Firozabad. Versus Counsel for Petitioner(s) : Arvind Agrawal, Prashant Pandey, Rakesh Kumar Garg, Yash Garg Counsel for Respondent(s) : C.S.C., Dinesh Rai, Uday Shankar Tiwari Krishna Pal Singh And 4 Others .....Petitioner(s) Collector / District Magistrate And 2 Others .....Respondent(s) 3. It is argued that aforesaid order has been passed without providing any notice or opportunity to the petitioner. It is further argued that in the order impugned there is a reference of case filed by the certain persons under Section 92 of the Code of Civil Procedure before the Civil Court being Misc. Case No.159 of 2013. Counsel for the petitioners placed before this Court the certified copy of the order dated 27.4.2022 passed in the aforesaid case by which the same was dismissed for the want of prosecution. Certified copy is taken on record. Order dated 27.04.2022 reads as follows:- "प्ऴावली पेश हुई। पुकारा गया। िवप्षी सं० १ उपिस्थत। शेष िवप्षीगण अनुपिस्थत न कोई स्थगन िदया गया। ्ऺाथर्गण अनुपिस्थत कोई स्थगन नहीं िदया गया। ्ऺाथर्गण की अनुपिस्थित के कारण ्ऺकीणर् वाद खािरज िकया जाता है। प्ऴावली दािखल दफ्तर हो। " 4. It is further argued that one of the reason taken by the Respondent No.1-District Magistrate, Firozabad in the order impugned regarding the pendency of the case before the Civil Court is no more in existence, since the same has already been dismissed for the want of prosecution vide order dated 27.04.2022. 5. Heard Shri Yash Garg, learned counsel for the petitioners, learned Standing Counsel appearing on behalf of State-respondents and perused the record. 6. From perusal of the record it transpires that order dated 12.02.2018 passed by the District Magistrate / Respondent No.1 is an exparte manner and without providing opportunity of hearing to the petitioners. This fact is also admitted by the learned Standing Counsel. Apart from the same, one of the ground was taken in the aforesaid order regarding the pendency of the Misc. Case which has already been dismissed in default vide order dated 27.04.2022 as stated above. 7. In this view of the matter, we are of the opinion that order dated 12.02.2018 passed by the Respondent No.1/ District Magistrate, Firozabad is liable to be set aside and is hereby set aside. Respondent No.1/ District Magistrate, Firozabad is directed to pass a fresh order strictly in accordance with law after providing opportunity of hearing to at least one of the petitioner, Respondent No.3 and in any other persons WRIC No. 35130 of 2018 2 interested in the matter, most expeditiously and preferably within a period of two months from the date of presentation of certified copy of this order. 8. It is made clear that receiver appointed vide order dated 20.02.2018 will run the affairs of the Shiv Mandir till the time the fresh decision is taken by the Respondent No.1/ District Magistrate, Firozabad in the matter. 9. With the aforesaid observations, the writ petition is allowed. October 14, 2025 Swati WRIC No. 35130 of 2018 3 (Vivek Saran,J.) (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad