Learned counsel for the petitioner has prayed for pressing the prayer no.5 only. So far as the remaining prayers are concerned he prayed that these prayers are not pressed at this stage with the liberty to press them in appropriate proceeding. The prayers sought is allowed with the liberty aforesaid.
It is contended by the learned counsel for petitioner that the respondents are going to demolish the temple including the boundary wall which is about 150 years old. The petitioner has tried to file a suit but urgency application in the same has been rejected. Hence this writ petition.
In the submissions of the learned counsel for the petitioner such an old temple cannot be demolished without there being proper notice. In his submissions in this regard he has filed an application before the Nagar Ayukt, stating therein that with a view to give benefit to the persons who have got their constructions on the other side of the Nala and have encroached the same, the present exercise is under taken against the petitioner which cannot be done without there being proper demarcation on the spot. But no order has been passed and the respondents are adamant to demolish the temple as well as boundary wall.
I have heard learned counsel for petitioner, learned Standing Counsel and Shri R. P. Tiwari, Advocate, holding brief for Shri S. P. Shukla the learned counsel for respondent n.2.
Considering the facts and circumstances of the case, it is provided that for the redressal of his grievance the petitioner may file a fresh application within a period of two weeks from today before Nagar Ayukt Jhansi. In case such an application is filed that be considered and decided within a period of six weeks from the date of the receipt of the application by passing a reasoned speaking order after demarcation of the land belong to temple as well as Nala and the land situated on the other side of the Nala by the Nagar Ayukt him/her/self or any other authority to whom matter is referred by Nagar Ayukt for decision. For the period of eight weeks or till the decision on the application of the petitioner the temple as well boundary wall will not be demolished.
Subject to the above observations this writ petition is disposed of.
Order Date :- 24.6.2010/Mustaqeem.