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Allahabad High Court · body

2011 DIGILAW 1960 (ALL)

Ram Shiromani Pandey v. State of U. P. and others

2011-08-19

A.P.SAHI

body2011
Amreshwar Pratap Sahi, J.- The petitioner claims himself to be the self appointed Priest of Ram Janki Mandir? which is alleged to be situate in Village Janghai Bazar, Pargana and Tahsil Handia, District Allahabad. 2. The petitioner complains that the pond of which the fisheries rights have been settled in favour of the respondent No. 5 should be cancelled, as the said settlement interferes with the right of worship of the villagers, and is an obstruction in the performance of their rituals during ceremonials. He, therefore, contends that the lease/settlement deserves to be cancelled for which he has already moved an application before the Collector. 3. The petitioner had earlier approached this Court by filing Writ Petition No. 52946 of 2010 without approaching the Collector, therefore, the writ petition was dismissed with the observation that he should approach the Collector first. 4. He now submits that in spite of having approached the Collector his grievance is not being redressed. 5. The right claimed by the petitioner if in his individual capacity relates to his right to worship. This has no concern with the allotments or settlements of fisheries pond as the petitioner by virtue of being a Priest of the temple and not of the preferential category cannot claim any preferential right of allotment. If his right as a Priest? or a worshipper has been interfered with, he has a remedy of filing a civil suit. 6. So far as, the allotment being illegal or settlement being not in accordance with the Full Bench decision (Ram Kumar and others v. State of U.P. and others, 2005 (99) RD 823) is concerned, the same is a matter for consideration by the Collector at the instance of an aggrieved person or on the proceedings being initiated by the authorities themselves. If the petitioner wants to raise this issue as a public interest then the present writ petition in the form as filed in this jurisdiction is not maintainable. 7. The writ petition is dismissed with the said observations. Petition dismissed.