Jharkhand High Court
Local Residents Of North Office Para And ... vs The State Of Jharkhand Through Chief ... on 29 September, 2022
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Deepak Roshan
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 4947 of 2022
Local residents of North Office Para and Gauri Shankar Nagar,
Doranda, Ranchi & Ors. ..... Petitioners
Versus
The State of Jharkhand through Chief Secretary & Ors.
..... Respondents
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan
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For the Petitioners : Mr. Ajit Kumar, Sr. Adv.
For the State : Mr. Sachin Kumar, AAG-II.
For the Resp.No.6 : Mr. Hemant Kumar Shikarwar, Adv.
For the Resp. No.9 : Mr. Vibhor Mayank, Adv.
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09/29.09.2022 A supplementary affidavit has been filed to remove the defect
no.1. Page 29 has also been filed to remove the defect no.2. Learned counsel for the petitioner submits that defect no. 3 relating to retainership of learned Advocate Mr. R.Krishna upon whom copy for respondent no. 6 has been served, may be ignored. Accordingly, it is ignored.
2. The instant writ petition has been notified today on being mentioned by learned senior counsel for the petitioner on account of urgency and in view of the notice dated 29.9.2022 since the Division Bench No.1 is not available today.
3. The writ petitioner has come with the prayer that they may be allowed to perform Durga Puja besides the premise / land allotted to Jharkhand State Bar Council near J.M.J School, Doranda, Ranchi, which is being performed for the last more than two decades. It is the apprehension of the petitioner that respondent No. 9 who is claiming her right and title over the land / temple constructed upon Khata No. 203, Plot No. 945, Mouza Kadru, Arogra Circle measuring 04 decimal, would create hindrance in that. Appropriate direction has been sought to be issued upon the respondent-Deputy Commissioner for submission of a report and also restrain the respondent No. 9 from the affairs of the temple in question or Durga Puja Committee. It is submitted that the idol of Goddess Durga would be installed and the rituals would be performed outside the Garv Girihya as is in the practice for the last 19-20 years.
4. We are informed by Mr. Arvind Kumar Ojha, the Circle Officer, 2 Argora, who is present in the Court that Kalash Sthapana has already been made and Puja has been performed since the first day of the holy festival i.e. 26.09.2022. There is enough deployment of police at the site. There is no immediate likelihood of disturbance in the performance of Puja for the rest of the festival till Vijya Dashmai or immersion of the Idol of Godess Durga, thereafter.
5. Mr. Vibhor Mayank, learned counsel submits that he has been instructed by the respondent No.9 that Pran Prastistha of the deity has been performed in the temple this year. As such, no fresh deity could be installed. However, he also submits that Kalash Asthapana has already been made and Puja is being performed from the first day i.e. 26.09.2022.
6. In this public interest litigation, we are not supposed to get into the inter-se dispute about the right, title and interest amongst the parties. However, it appears from the assurance of the Circle Officer, Argora that sufficient arrangements have been made to ensure peaceful performance of Puja at the site in question. We expect petitioners and others as also the private respondent not to create any untoward incidence during the period of Puja including installation of idol outside the Garv Girihya of the temple premises.
7. The matter be listed after Durga Puja holidays.
8. Learned counsel for the State, in the meantime, would come ready with latest instructions.
(Aparesh Kumar Singh, J.) (Deepak Roshan, J.) Fahim/Amardeep/