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Judgment
The present writ petition has been filed for issuance of direction upon the respondent authorities to restrain them from demolishing the
petitioner''s shop/hut in the premises of Rajrappa Mandir, Ramgarh which is being used for selling offerings and other ritual articles for the purpose
of worship in Maa Chhinmastika Temple.
Learned counsel for the petitioner submits that the petitioner is local resident of Rajrappa, who used to sell the offerings and other ritual articles
for the purpose of Puja in Maa Chhinmastika Temple at Rajrappa, Ramgarh to earn his livelihood. The petitioner has been engaged in the said
business by raising temporary structures in the shape of huts in the temple premises for the last 40-50 years. However, the respondent authorities
under the instruction of respondent no.2 have threatened the petitioner to evict him from the said place by demolishing temporary structures/huts by
use of force. The petitioner is also being pressurized from various other sources for vacating the said place. The petitioner has come to know that
the main purpose of evicting him from the present place of his business is that the respondent authorities have decided to develop the campus of
Rajrappa temple as a tourist place.
Learned J.C. to S.C. (L & C), appearing on behalf of the respondents, submits that the petitioner has not annexed any notice to suggest that he
has been ordered to vacate the premises in question. However, the petitioner himself has stated in the present writ petition that the respondent
authorities have planned to modernise and develop the temple premises as tourist place. It has also been stated by the petitioner in the present writ
petition that he is ready to vacate the premises if alternative arrangement is made for his settlement and earning livelihood.
Having heard learned counsel for the parties, it appears that no order in writing has been issued by the respondent authorities to the petitioner to
vacate the premises in question. Thus no effective order can be passed at present. However, it is observed that if the respondents decide to
develop the premises of Rajrappa Temple in an organized manner and the petitioner is required to be removed from the present place of his
business, the same should be done in accordance with law and also keeping in view the livelihood of the petitioner by making suitable alternative
arrangement for him.
The writ petition is disposed of with aforesaid observation. I.A. No. 6544/2017 also stands disposed of accordingly.