Court No. - 3
Case :- WRIT - C No. - 25008 of 2020 Petitioner :- Bhagwat Tripathi And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Tiwari,Prabhat Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
The prayer in this petition is to command the respondents to take a decision on the representations of the petitioners dated 25.09.2020, 29.09.2020 and 27.08.2020 so as to protect temple property from private encroachers.
In case the petitioners have any interest in the management of the temple property then they can institute a suit on behalf of the deity. If it is a trust property dedicated for religious purposes, recourse can be had to the provisions of Section 92 of the Code of Civil Procedure. Thus, without expressing any opinion as to which remedy the petitioners may avail, the petitioners do have alternative remedy and, in any case, as the petitioners have not shown any personal interest, the grievance of the petitioner is not to be entertained in the writ jurisdiction, particularly, when it is not a public interest litigation.
Subject to above, the petition is disposed off.
Order Date :- 8.1.2021 AKShukla/-