Supreme Court - Daily Orders
Shree Kashimath Samsthan Varanasi ... vs Union Of India on 6 May, 2022
Bench: Hemant Gupta, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION DIARY NO. 9741 OF 2021
IN
W.P. (C) NO. 29 OF 2018
SHREE KASHIMATH SAMSTHAN VARANASI
(BANARAS) TRUST MANAGING TRUSTEE Petitioner(s)
VERSUS
UNION OF INDIA & ANR. Respondent(s)
O R D E R
I.A. D. No. 51285/2021 This is an application for recall of the order dated 20.07.2018 passed by this Court, which reads as under :-
“1. Upon hearing the learned counsels for the parties we deem it appropriate to dispose of the present writ petition by granting relief in terms of prayer (a) made in the writ petition.
2.The Union of India in the Ministry of Home Affairs will consider and pass orders on the representation dated 22nd May, 2017 made by the petitioner – Trust seeking protection of the Math properties. Consequential orders in terms of the present directions will be passed by the first respondent within a period of four weeks from today.
3.The writ petition is disposed of in the above terms.”
2. The petitioner had invoked the writ jurisdiction of Signature Not Verified Digitally signed by this Court under Article 32 of the Constitution of India Jayant Kumar Arora Date: 2022.05.10 17:09:35 IST Reason: expressing threat to the life of Srimad Raghavendra Thirtha Swami and for providing protection to the Math properties.2
The petitioner had pleaded that the petitioner trust is exposed to future frivolous litigation which would be aimed at destabilizing the proper functioning and management of Math and, therefore, it would be prejudicial to the functioning of the trust if provisions laid down in Section 92 of the Civil Procedure Code, 1908 are not strictly adhered to.
3. In the application filed to recall the order, it has been mentioned that the order was obtained by suppressing material facts and by playing fraud on the Court. It has been pointed out that the claim of Srimad Raghavendra Thirtha to be Mathadipathi has been rejected and his ouster from the Math upheld and had attained finality. It is, thus, pointed out that the petitioner had not approached this Court with full and complete facts. The applicant has also produced on record the multiple documents showing the pendency of the inter se dispute before the civil court even prior to the filing of Writ petition, the fact not disclosed in the writ petition.
4. We have heard learned counsel for the parties and find that there is no justification for the protection granted to the petitioner by this Court on 20.07.2018 in view of the multiple disputes pending between the parties before the civil court.
5. But without giving any opinion on the contentions of the applicant, we deem it appropriate to recall the order dated 20.07.2008. The application for recall of the order 3 is allowed and the writ petition is dismissed.
6. However, it shall be open to the parties to avail such other alternative remedy in accordance with law. It is made clear that this Court has not expressed any opinion on the claim of the parties, which is pending consideration before the civil court(s).
.......................J. [ HEMANT GUPTA ] .......................J. [ V. RAMASUBRAMANIAN ] New Delhi;
MAY 06, 2022.
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ITEM NO.32 COURT NO.11 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MISCELLANEOUS APPLICATION Diary No(s). 9741/2021 in W.P. (C) No. 29 of 2018 SHREE KASHIMATH SAMSTHAN VARANASI (BANARAS) TRUST MANAGING TRUSTEE Petitioner(s) VERSUS UNION OF INDIA & ANR. Respondent(s) IA No. 51303/2021 - APPLICATION FOR PERMISSION IA No. 51282/2021 - APPLICATION FOR PERMISSION IA No. 51285/2021 - RECALLING THE COURTS ORDER Date : 06-05-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. R. Venkataramani, Sr. Adv.
Mr. V. Sudhish Pai, Adv.
Mr. S. Sushantvenkatesh Pai, Adv. Mr. Amit Kumar Singh, AOR Ms. K. Enatoli Sema, Adv.
Ms. Chubalemla Chang, Adv.
Mr. Krishnamohan K., AOR Ms. Dania Nayyar, Adv.
For Respondent(s) Mr. Vikramjeet Banerjee, ASG Mr. Harish Pandey, Adv.
Mr. Nachiketa Joshi, Adv.
Mr. Nikhil Rohatgi, Adv.
Mr. Amith J., Adv.
Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R I.A.No. 51282/2021 - Application seeking permission for impleadment of Respondent Nos. 3 and 4 in Writ Petition (C) No. 29/2018 is allowed and applicants are impleaded as party 5 respondents.
I.A. D. No. 51285/2021
Application for recall of the order is allowed and the writ petition is dismissed in terms of the signed order.
Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER
(Signed order is placed on the file)