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2023 DIGILAW 477 (JHR)

Local Residents of North Office Para and Gauri Shankar Nagar v. State of Jharkhand

2023-04-05

ANANDA SEN, SANJAYA KUMAR MISHRA

body2023
ORDER : 1. By filing this writ petition, the petitioners have prayed for the following reliefs: (i) An appropriate writ, order or direction to allow the petitioners to perform Durga Puja besides the Jharkhand State Bar Council in front of JMJ School, Doranda, Ranchi, which is performed for last more than two decades and, therefore, is attached with the sentiments of the petitioner and local residents of the place in general. (ii) For a further appropriate writ/order/direction upon the respondents to conduct enquiry as to how and under what circumstances, the respondent No. 9 is claiming her right and title over the land/temple constructed upon Khata No. 203, Plot No. 945, Mouza Kadru, Anchal Argora, Halka-3, measuring about 04 decimals, which is infact a government land already allotted to the Jharkhand State Bar Council (within the area of 46 decimals) and even if not so, it remains a government land/property, where a temple of Lord Shiva/Lord Hanuman and Mother Goddess Durga has been built by the petitioners and common residents of the locality by way of donations and contributions, however, the respondent No. 9 has suddenly started claiming rights over the land and temple and has restrained the petitioners from performing Durga Puja which is going to affect the mass sentiments considering that Durga Puja is organized at the place by the petitioners for last more than two decades. (iii) For appropriate directions upon the government respondents and the respondent – Deputy Commissioner, Ranchi, in particular to submit a report before this Hon’ble Court regarding ownership, right and title of the above referred land in question and if it vests with the government or the Jharkhand State Bar Council, for passing appropriate directions and command upon the respondent No. 9 to desist or refrain from the affairs of the temple in question or its Durga Puja Committee with which the respondent No. 9 is neither concerned nor connected with. (iv) For a further appropriate writ/order/direction upon the respondents to allow the public of the locality to do worship (puja) without any restriction and hindrance. (v) For a further writ/order/direction to call for the CCTV footage of 25.09.2022 and 26.09.2022 which will show that how and in what manner the hindrance is being created by the goons of respondent No. 9 consuming alcoholic items inside the temple. (v) For a further writ/order/direction to call for the CCTV footage of 25.09.2022 and 26.09.2022 which will show that how and in what manner the hindrance is being created by the goons of respondent No. 9 consuming alcoholic items inside the temple. (vi) Any other appropriate writs, orders or directions as may be deemed fit and proper and for doing conscionable justice to the petitioners. 2. In course of hearing, this Court forms a view that this is a private dispute between the petitioners and the respondent No. 9 regarding the management of Puja Pandal. In fact a Coordinate Bench, while matter was placed before it, on 29.09.2022 has held that we are not supposed to get into the inter-se dispute about the right, title and interest amongst the parties, however, passed an innocuous order. 3. We are of the considered view that this writ petition in the nature of public interest litigation is liable to be dismissed. Parties are relegated to appropriate Civil Court for redressal of their grievance. 4. This writ petition in the nature of public interest litigation is dismissed. There shall be no order as to costs. Urgent certified copy of this order shall be issued as per Rules.