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Ajit Kumar vs State of Jharkhand and Others

Jharkhand High Court · Decided on 19 July 2002 · Citation: (2002) 07 JH CK 0051

HON’BLE JUDGES
Vinod Kumar Gupta, C.J · Tapen Sen, J
RESULT
Allowed
CASE NUMBER
CMP No. 140 of 2002
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Judgment

6 paragraphs · 388 words
1.

At the request of Mr. Mihir Kumar Jha, learned counsel appear ing for the applicant Kashi Nath Mishra, this case is taken up today itself treating the same as on day''s list.

2.

Vide Division Bench Order dated 8.5.2002 passed in CWJC No. 1799 of 2001, this Court had constituted a High Powered Management Board to manage the affairs of the Temple, Paragraph 14 of the aforesaid order very clearly and categorically stipulates and lays down that this Management Board shall be in overall charge, control and management of the Temple and all matters related thereto or connected therewith. It also stipulates that this Board shall also be responsible with respect to all affairs of the temple administration.

3.

It shall be, therefore, in the fitness of things if the petitioner is permitted to make an appropriate representation to the aforesaid Management Board with respect to the subject matter of this application. This representation shall be addressed to the Board, but sent to the Deputy Commissioner, Deoghar. If it is received by the Deputy Commissioner, Deoghar, within one week from today, we direct him to ensure that it is placed before the Board for consideration within two/three weeks from the date of its receipt.

4.

The Board shall consider the representation of the petitioner .and take a decision thereupon. Even though the aforesaid Division Bench judgment as mentioned hereinabove, does by itself vest all powers in the Board in reiteration, we specifically authorize the Board to take an appropriate decision on the aforesaid representation of the petitioner and pass consequential orders thereupon. We are saying so, because it is the Board which is in overall charge control and management of the temple and it is for the Board to take a decision this way or the other depending upon the merits of the case. Undoubtedly, while taking the decision, the Board shall be guided by the tenets and the purity of the religion, values of human kind and all other sound principles as would govern the taking of such a decision. While taking the decision, the Board will also be guided by the fact that the temple in question is a Shiva Temple basically and primarily.

5.

This application is disposed of.

6.

Let a copy of this order be given to Mr. Mihir Kumar Jha, Advocate.