Madhya Pradesh High Court
Arun vs Govt. Of India Archaeological Survey Of ... on 9 February, 2016
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Writ Petition (PIL) No.1089/2016
09.02.2016
Shri Manish Yadav, learned counsel for the petitioner.
Shri Kushal Goyal, learned counsel for respondent
No.1 / Union of India, on advance notice.
Shri Pushyamitra Bhargava, learned Deputy Advocate General for respondents No.2 to 5 / State of Madhya Pradesh, on advance notice.
Heard on the question of admission as well as for grant of interim relief.
It is submitted by the learned counsel for the petitioner that Annexure P/1 is an order dated 20.01.2016 issued by the Government of India, Archaeological Survey of India, under the provisions of Ancient Monuments & Archaeological Sites and Remains Act, 1958 and the Ancient Monuments & Archaeological Sites and Remains Rules, 1959, by which they have permitted both the community the access to the protected monuments, which is contrary to the provisions of Article 26 of the Constitution of India. He has drawn our attention to Article 26 of the Constitution and submitted that notice be issued to the respondents; and in the meanwhile, the operation of the impugned order dated 20.01.2016 (Annexure P/1) be stayed.
On due consideration of the arguments of the learned counsel for the petitioner and considering the fact that Article 26 of the Constitution of India is "subject to public order", and therefore, learned Authority, after considering the provisions of the Ancient Monuments & Archaeological Sites and Remains Act, 1958 and the Ancient Monuments & 2 Archaeological Sites and Remains Rules, 1959, fixed the timing of Namaz and Puja, we are of the view that at this stage, no case for grant of ad interim relief, as prayed for, by the learned counsel for the petitioner, is made out. The aforesaid prayer will be considered after receipt of the reply from the respondents along with main prayer.
Let notice be issued to the respondents on payment of process fee within three days; returnable within six weeks.
List along with Writ Petition No.6514/2013, Writ Petition No.893/2016 and Writ Petition No.1034/2016.
(P.K. Jaiswal) (Jarat Kumar Jain)
Judge Judge
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