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2011 DIGILAW 2117 (PAT)

Mahant Shri Hari Giri v. State of Bihar

2011-09-29

SAMARENDRA PRATAP SINGH

body2011
ORDER In the instant writ application, the petitioners, who are representatives of various religious bodies, pray for restraining respondent no.6 and his associates from organizing / holding any congregation in the name of Kumbh and Ardh Kumbh Mela at Simaria Ghat in the district of Begusarai during the Kalpavas in the month. 2. The petitioners have filed I.A. No.6338 of 2011 for grant of interim stay for holding of the alleged Kumbh and Ardh Kumbh Mela at Simaria Ghat in the district of Begusarai, during the pendency of this writ application. 3. The petitioner no.1 is the General Secretary of Akhil Bhartiya Akhada Parishad, petitioner no.2 is Mahanth of Budhanath Mahadeo Mandir, Bhagalpur and the member of Bihar State Board of Religious Trusts, petitioner no.3 is an initiated disciple of H.H. Jagadguru Shankaracharya of Sringeri Peeth, petitioner no.4 is Mahanth of Naulakha Mandir, Begusarai and petitioner no.5 is Principal of Government Sanskrit College, Bhagalpur and is a member of Vidwat Samiti. 4. The petitioners state that Kumbh Parva is traditionally held at four places namely Prayag, Haridwar, Ujjain and Nasik and the same has been symbol of national and cultural unity of the country. They further state that no Parva in the name of Kumbh can be held at any other place in the country and as per sanction of scriptures and consistent view of several top religious leaders of the country including Jagdguru Shankaracharya and the President of the Akhil Bhartiya Akhada Parishad. The petitioners state that Akhil Bhartiya Akhada Parishad, which consists of 13 important religious sects, is the supreme body to decide matter relating to holding of Kumbh and Ardh Kumbh fair. In this respect, the petitioners have referred to views of the four Shankaracharyas and those emanating from religious scriptures. The petitioners further submit that respondent no.6 has encroached upon Simaria Ghat, which is a public land against the mandate of Hon’ble Supreme Court dated 13.09.2011 passed in S.L.P. (Civil) No. 8519 / 2006, wherein directions have been issued to remove unauthorized residential / commercial buildings on public land. The Hon’ble Apex Court further observed that no unauthorized structure shall be carried out or permitted on public places may the same be in name of any religion. 5. The Hon’ble Apex Court further observed that no unauthorized structure shall be carried out or permitted on public places may the same be in name of any religion. 5. Respondent nos.3 and 4 filed counter affidavit and supported the stand of the petitioners, in which they have annexed the order of the Hon’ble Apex Court in case of Union of India Vs. State of Gujarat & Ors., wherein the Hon’ble Apex Court has observed that all sort of unauthorized construction even by the religious bodies has to be removed and stopped. 6. A counter affidavit has also been filed on behalf of the State Government. Annexure-C is the letter no.1888 dated 8th August, 2011 of Collector, Begusarai. It would appear from aforesaid letter that government vide its letter no.11071 dated 28.06.2011 observed that generally no new religious rites should be started. 7. It is submitted by the petitioners that respondent no.6 is planning to hold Kumbh / Ardh Kumbh Fair starting from 18th October, 2011 for one month. The petitioners submit that since many years they have sanction for performing Pooja / Fair on the eve of Kalpavas in the month of October-November at Simaria Ghat and other place. They alleged that respondent no.6 has already encroached upon the space available for performing Pooja during Kalpavas. 8. The issue involved is one of religious sanction to hold Kumbh and Ardh Kumbh Mela by an organization at a place other than the four places where Mela is being held since decades. The issue should be best resolved amicably by deliberations, as such this Court thinks it expedient to constitute a committee consisting of President of AKhil Bhartiya Akhada Parishad, Sri Hanuman Garhi, Ayodhya, Faizabad (U.P.), Shri Kishore Kunal, President, Bihar Religious Trust Board to look into the following issues: (i) Which would be the competent body to decide the issues relating to holding of Kumbh and Ardh Kumbh Mela. (ii) What has been the convention as per scriptures, tests, custom and usages regarding holding of Kumbh and Ardh Kumbh Mela. (iii) How will the dispute could be best resolved. 9. The committee would also given an opportunity of hearing to respondent no.6. It is expected that all the members of the Committee would meet preferably by 8th October, 2011. The Committee would send a copy of their recommendation to District Administration. 10. (iii) How will the dispute could be best resolved. 9. The committee would also given an opportunity of hearing to respondent no.6. It is expected that all the members of the Committee would meet preferably by 8th October, 2011. The Committee would send a copy of their recommendation to District Administration. 10. Let a copy of this order be handed over to the counsel for the State as well as Religious Board for due communication to the Government as well as to the other Members of the committee. 11. With the aforesaid direction I.A. No.6338 of 2011 stands disposed of. 12. Put up this writ application under the heading ‘For Admission’ on 17.10.2011.