Rajasthan High Court - Jaipur
Nanagram And Ors vs State Of Rajasthan And Ors on 16 April, 2010
Author: R.S.Chauhan
Bench: R.S.Chauhan
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH AT JAIPUR ORDER Nanagram & Ors. Vs. State of Rajasthan & Ors. (S.B. Criminal Revision Petition No.1693/2009) Date of Order :- April 16th, 2010 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Rajendra Kumar Sharma, for the petitioners. Mr.Javed Chaudhary, Public Prosecutor.
Mr.Anil Sharma, for the respondents.
Although this matter comes up on an application for modification of the order dated 04.12.2009 passed by this Court, but with the consent of the learned counsel for the parties, this case is being decided finally at this stage.
Briefly the facts of the case are that one Lala Ram S/o Shri Nanag Ram Meena lodged a complaint at Police Station Malivya Nagar, Jaipur wherein he claimed that there is a Kali Mata Temple situated in Jhalana Doongari, Forest Area of Malivya Nagar in Khasra No.8 & 9, ad measuring 8 bigha 7 biswa of land. The said temple has existed for many generations. According to the revenue record, while half share of the land belongs to Ranjeeta and Lala both S/o Narain, the other half belongs to Kalu Biswa S/o Gangalya, Nanga S/o Chotu, Nanda, Bhuwana both S/o Ganesh, and Kavad S/o Gyarsa Meena. According to an understanding between the parties, the donation collected during Pooja and service, the said donation was to go to the family of Nanag Ram till 27.09.2009. Afterwards, it was to go to the family of Lala Ram and Ranjeeta both S/o Narain. However, despite this understanding between the parties, certain disputes have arisen between the parties with regard to the donation collected during the Pooja and service. Since there was a great possibility that the dispute may erupt and threaten the peace and tranquility of the area, the complaint was lodged with the police. After a thorough investigation, the police submitted an application under Section 145 Cr.P.C. before the ADM. Vide order dated 29.09.2009, the learned ADM appointed the Station House Officer of Malivya Nagar as a receiver.
Since Nanag Ram and others were aggrieved by the said order, they challenged the same before the Additional District & Sessions Judge No.1. Vide order dated 09.11.2009, the learned Judge set aside the order passed by the ADM and directed him to decide the case within a period of three months. But, the learned Judge has further directed that the status quo be maintained, and the Pooja and service shall continue as it was being continued on 09.11.2009. Since the petitioners are aggrieved by both the orders, they have filed the present petition before this Court.
The learned counsel for the petitioners has contended that both the parties have reached an agreement that the case should be decided by the ADM provided that the possession of the temple is handed-over to the petitioners and they are permitted to carry on worship at the temple.
Considering the fact that both the learned counsel are ad idem that such an understanding has been reached between the parties, this case is being disposed of with the directions to the ADM to decide the dispute between the parties within a period of three months from the date of receipt of certified copy of this order. Meanwhile, the possession of the temple shall be handed-over to the petitioners by the SHO, Police Station Malivya Nagar, Jaipur and the petitioners shall be permitted to carry on worship as they were doing prior to 29.09.2009.
With these directions, this petition is, hereby, disposed of.
(R.S.CHAUHAN)J. Manoj Solanki-