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2006 DIGILAW 1153 (RAJ)

State of Rajasthan v. Shriram Saini

2006-04-12

J.R.GOYAL

body2006
Judgment J.R. Goyal, J.-Heard learned Counsel for the parties on the application dated 18.01.2006 for clarification and modification of the interim stay order dated 29.08.2005 to the extent that the regular seva pooja and offering of prayers to the deities of the Seksaria Sati Temple, Jhunjhunu by pilgrims and followers may not be interrupted in any manner. Learned Counsel for the respondent submitted that this Court in Civil Writ Petition No. (Defect) 1950/2002 Shree Rani Satiji Mandir, Jhunjhunu & Ors. vs. State of Rajasthan & Ors., on 04.09.2002 passed the order for performing seva pooja within the temple and restrained the State Government from creating any obstruction and/or any sort of impediment in this regard, but ordered that the mela (fair) inside the temple and outside the temple shall not be permitted to be organised. It was further submitted by the learned Counsel for respondent that in other connected appeals namely Civil First Appeal Nos. 555/2005, 556/2005, 560/2005 and 561/2005 the Co-ordinate Bench of this Court has modified the interim stay order and permitted the seva pooja in accordance with the terms of the temporary injunction passed by the trial Court during pendency of the suit. 2. Learned Counsel for the State does not oppose to this prayer in the light of the order passed by the Co-ordinate Bench in other connected appeals. 3. I have considered the rival submissions. It is not disputed before this Court that during pendency of the suit, interim order was passed on the application for temporary injunction whereby the defendants were restrained from interfering with the performance of seva pooja, which same reads as under:- 4. In view of the aforesaid facts and circumstances, it is hereby ordered that the interim stay order dated 29.08.2005 is modified and clarified that the plaintiff respondent shall have the right to perform the seva pooja in accordance with the order of temporary injunction dated 21.01.2003 passed by the trial Court, which was in force during the pendency of the suit. It would be open for the State that in case the plaintiff respondent commits any violation or breach of law in that behalf , to take action against the plaintiff respondent for the same. 5. The application for clarification and modification of the interim stay order is disposed of as indicated.