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2015 DIGILAW 1916 (RAJ)

Bhawani Shankar Sharma v. State of Rajasthan

2015-11-19

AJIT SINGH, ANUPINDER SINGH GREWAL

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JUDGMENT 1. - Yesterday i.e. on 18.11.2015, petitioner appeared in person and concluded his arguments. But because of paucity of time, the arguments on behalf of respondent No. 10 could not be concluded, the case was directed to be listed today. The petitioner is however not present today. 2. In the present Public Interest Litigation, the petitioner states that he is highly educated and a social worker. According to him, the Ranthambore Fort has been added to the world heritage list of monuments by UNESCO, due to which more people, both national as well as international, will be attracted to visit the Fort and Mandir Shri Ganeshji Maharaj. He also submits that as on date, the driveway leading to Fort is dilapidated, the stairs and the pathways are accident prone, the basic facilities and amenities such as clean drinking water, rest rooms, shade, waste disposal etc. are absent, the fencing of pathway from possible attack by wild animals including tiger are non-existent and the whole Fort and the Temple surroundings are under the control and management of touts under the benign eyes of respondents, who are in connivance with them. 3. The petitioner in paragraph 6 of the petition has also narrated the nature and extent of the injury caused/apprehended. It reads as under:- 6. NATURE & EXTENT OF THE INJURY CAUSED/APPREHENDED 6.1 The religious sentiments of the people are hurt when the temple management recycles the coconuts and sweets offered to the LORD for private commercial gains. 6.2 The injuries are widespread which include physical & metaphysical. 6.3 That the tourists and pilgrims are not safe as few deaths have taken place due to attack by tigers and other wild animals on way to TEMPLE. There is no record of injured people which are many. 6.4 Violations of various Acts Rules and Regulations particularly Environment Laws and Laws relating to disposal of plastic, noise pollution etc. with impunity under the benign eyes of succession of officers, politicians that include all the sundry including the Chief Ministers and Prime Minister of the Country. The temple is historical but amazingly as on date the respondent no.10 has been conferred the status of sole OWNER of MANDIR SHRI GANESH JI MAHARAJ with no checks and balance. International reputation of the country is sullied." 4. The temple is historical but amazingly as on date the respondent no.10 has been conferred the status of sole OWNER of MANDIR SHRI GANESH JI MAHARAJ with no checks and balance. International reputation of the country is sullied." 4. On these pleadings, the petitioner has prayed this Court to take cognisance of the mismanagement and injury caused to the people at large and take appropriate steps, as deemed fit to bring sanity, dignity and order associated with the Temples. 5. Respondent No. 10 represents the Temple Shri Ganeshji Maharaj. 6. In reply, respondent No. 10 has stated that since the petitioner is being prosecuted for offences under Sections 467, 468, 471 and 120-B of the Indian Penal Code on the basis of First Information Report lodged by him for illegally creating a website in the name of Ranthambore Trinetra Ganesh Temple Sansthan and fraudulently collecting huge amount in the name of funds for the purpose of Temple, he in vengeance has filed the present petition in the garb of Public Interest Litigation and on this ground alone it deserves to be dismissed. Respondent No.10 has also averred that the Temple in question is duly registered under the provisions of Rajasthan Public Trust Act, 1959 and no complaint has been made by the petitioner under Section 38 to the Assistant Commissioner regarding mismanagement of Trust property. Respondent No.10 has further averred that earlier also, as far back as in the year 2003, D.B. Civil Writ Petition(PIL) No.6642/2003 was filed by Padnabh Khatri and Jeetmal Paharia, alleging mismanagement and in pursuance to the direction of the High Court, a committee was constituted by the Collector to enquire into the affairs of Trust but nothing wrong or illegal was found. 7. Both, the Fort of Ranthambore and Ganesh Temple in question are in the core area of Ranthambore Tiger Reserve. Therefore, no construction can be made in the Fort or in the Temple without permission of the Supreme Court. The petitioner is apparently facing prosecution for unlawfully creating a website in the name of Ranthambore Trinetra Ganesh Temple Sansthan and fraudulently generating funds for the purpose of the Temple. The First Information Report was lodged against the petitioner by respondent No.10 much prior to his filing of the present Public Interest Litigation. The Ganesh Temple is registered under the Rajasthan Public Trust Act. The First Information Report was lodged against the petitioner by respondent No.10 much prior to his filing of the present Public Interest Litigation. The Ganesh Temple is registered under the Rajasthan Public Trust Act. Earlier also in a PIL, pursuant to the direction of this Court, a committee was constituted by the Collector to enquire into the affairs of Trust and nothing illegal was found. The order dated 22.02.2004 of the Collector in this regard is Annexure-R-10/10. In paragraph 4.1 of the petition, the petitioner has admitted that he is a personal victim and an eye-witness of Temple's mismanagement for past 36 years. In the petition, he has also mentioned his age as 36 years. These facts clearly reveal that he has filed the present petition in the garb of PIL as a counter blast for extraneous considerations. In State of Uttaranchal v. Balwant Singh Chaufal, (2010) 3 SCC 402 , the Supreme Court has held that such motivated petition in the garb of PIL should not be entertained. 8. We accordingly dismiss the petition.Petition Dismissed. *******