Sant Mandal District Gwalior vs State of M.P.

Since both the cases involved similar question of law and fact, hence, they are being heard together and decided by this common order.

Petitioner-Sant Mandal, District Gwalior has filed the petition i.e. Writ Petition No. 4781/2013 under Article 226 of the Construction of India, for issuance of writ in the nature of mandamus/certiorari, seeking following reliefs:-

"1) The order Annexure P-2 passed by the S.D.O. (South) be quashed.

Respondent Collector, SDM Lashkar and Superintendent of Police Gwalior be directed to ensure the encroacher Dwarika Prasad Mudgal be removed or dispossessed from the temple premises as he has no concern from the temple property.

The State authorities be directed to ensure that no further encroachment is made by him in the temple property by force or with the help of unsocial elements.

The State authorities may also be directed to ensure the construction of boundary wall of temple premises situated upon Satya Narayan Temple Hillock as per the revenue record showing the Govt. land.

The S.P. Gwalior be also directed to ensure the proper police supervision upon the temple property or to deploy their police personnel to give regular watch or sitting in the temple premises by opening a police assistance both in the temple premises with immediate effect.

Any other relief which this Hon''ble Court deem fit in the facts and circumstances of the case may kindly be granted to the petitioner."

Petitioner-Shivraj Singh Bhadoriya has filed the petition i.e. Writ Petition No. 4045/2013 under Article 226 of the Constitution of India, seeking relief that near Satya Narayan Tekri, Gendewali Sadak, Hindi Mata Temple and Atal Vihari Mandir were constructed in the year 1995, they be protected; area be developed as a tourist spot, and police may be directed to patrol the area so that unsocial elements who loiters in this area, may be removed.

It has been alleged by the petitioner-Sant Mandal, District Gwalior (in Writ Petition No. 4781/2013) that the religious hillock, namely, Satya Narayan Tekri where a number of temples including Ballaji Temple, Shiv Mandir, Ganesh Mandir, Bhairav Mandir, Satya Narayan Bhagwan Temple and Jain Mandir are situated since last 50 years and the people having faith, regularly visiting those temples. Those temples are situated in the Government land bearing Survey Nos. 1140, 1140/1, 1142/1, 1142/2, 1144, 6/1, 7/1, 7/2, 326 and 334 in Patwari Halka No. 64, Bahodapur, District Gwalior in the revenue record. It has also been alleged that certain people have made encroachments in these areas and made illegal constructions. Earlier, certain attempts made by the petitioner and other persons could not bring fruitful results. Complaints in this regard, were sent to the District Magistrate for taking preventive steps and restraining the encroachers, but no result. Copy of representation made by petitioner has been filed as Annexure P-1. The Sub-Divisional Officer, Lashkar, Gwalior in the on-line public meeting registration No. 2140, dated 04-06-2013, did not take any action and wrote a letter Annexure P-2, dated 19th June, 2013 to the Collector, Gwalior, stating that no action is required to be taken in this regard. The applicant may seek redressal before the competent Court. Copies of Khasra entries of Survey Nos. 1140, 1140/1, 1142/1, 1142/2, 1144, 6/1, 7/1, 7/2, 326 and 334, which are shown as Government land, have been filed as Annexure P-3. A letter written by the Tahsildar to the Collector, Gwalior in regard to maintenance of Bhairav Temple has been filed as Annexure P-4. Annexure P-5 was the letter written by the Collector, Gwalior to the Commissioner, Municipal Corporation, Gwalior for removal of encroachment in Satyanarayan Hillock.

By the direction of this Court dated 09-07-2014, Ms. Anuradha Singh, was appointed as the Commissioner to verify that Government land at Satyanarayan Hillock has been sold to various persons. She submitted the report. The report filed by the Commissioner has been accepted by all the parties arrayed in the petition. Paragraph 6 at page 3 of the report shows that the entire land at the new Satyanarayan Temple Complex is encroached upon and illegal constructions are prevailing on the Government land without taking prior permission from the concerned authorities.

Petitioner Shivraj Singh Bhadoriya (in Writ Petition No. 4045/2014) has claimed that Satya Narayan Tekri complex is being encroached upon and unsocial elements are creating hurdles for the law-abiding citizens who visit this place. In this regard, an application Annexure P-1 has been moved to the Collector, District Gwalior for development of the said Temple Complex and to provide sufficient protection, so that unsocial elements would not use this area as a den for illegal purposes.

It is not in dispute that aforesaid survey numbers recorded in the revenue record, are in the name of State Government. The Temples have been constructed and people use to visit these Temples.

In view of the aforesaid discussion, we are of the considered opinion that in these pro bono publico, necessary directions are required to be issued so as to remove encroachment, unauthorized constructions. After removing the encroachers, Satyanarayan Tekri can be made a congenial place for visiting by the public. To keep the matter at rest, we deem it fit to issue the following directions:-

1) Satyanarayan Temple Complex and its surrounding area may be made encroachment free.

2) For this, necessary steps be taken by the state authorities and Local Administration, after due notice to the encroachers, they may be removed after following due procedure of law.

3) The area may be made accessible for the public engaging police patrolling to avoid the nuisance of unsocial elements.

4) If possible, the area or part of the area may be given to MP Tourism Department for development as a tourist spot for the public in general.

5) Above directions may be complied with within a period of six months from the date of receipt of certified copy of this order.

6) Should there be non-compliance of the aforesaid directions contained herein-above, the petitioners shall be at liberty to bring it to the notice of this Court so that the order could be implemented in letter and spirit. In that eventuality, the respondents shall be exposing themselves for committing Contempt of Court.

With the above directions, these petitions stand allowed to the extent indicated above, but with no order as to costs.