Court No. - 32
Case :- WRIT - C No. - 6607 of 2018 Petitioner :- C/M Mandir Gadi, Fatehnagar And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Randhir Jain,Ashish Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Tripathi,J. Hon'ble Abhai Kumar,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.
The present writ petition under Article 226 of the Constitution of India has been preferred with the prayer to issue a writ, order or direction in the nature of mandamus commanding the respondent not to interfere in the renovation and construction work in temple managed through petitioner's committee of management of the society in terms of the order dated 11.3.2014 passed by this Hon'ble Court in Writ C No.15045 of 2014 (Committee of Management, Mandir Gadi,Sherkot, District Bijnor vs. Assistant Registrar & others).
Learned counsel for the petitioners submitted that the petitioner's society is a duly registered society and spreading the awareness about the religion among general people to repair or making new construction and making arrangement for the security of the temples. When the repair of temple was started, the respondent nos.2 and 3 started creating obstruction in repairing work of temple and direction be issued to the respondents not to interfere in the renovation and construction work in the temple.
From perusal of writ petition and annexures, it is clear that civil suit is pending and the opposite side moved an application under order 39, Rule 2 C.P.C. against the petitioners. Earlier a Writ C No.15045 of 2015 was filed by the petitioner's society in which a direction was issued to maintain status-quo with regard to the temple and its property and as per information the writ petition and suit both the still pending.
Hence, in view of the facts and circumstances of the case, it is not a fit case to issue any direction in this regard. If adviced, the petitioners may seek appropriate remedy.
With the aforesaid observation, this petition is disposed of finally.
Order Date :- 27.2.2018/Ajeet