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Pahadeshwar Mahadev Temple: Rajasthan High Court Directs SDO To Decide Representation Against Alleged Encroachment

ANIRUDH VIJAY
27 April 2022 6:33 AM GMT
Pahadeshwar Mahadev Temple: Rajasthan High Court Directs SDO To Decide Representation Against Alleged Encroachment
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The Rajasthan High Court has directed the Sub Division Officer concerned in the area to look into a representation to be made before it against alleged encroachment, unauthorized constructions demolition of structures at the Pahadeshwar Mahadev Temple in Barmer district.The division bench comprising Justice Vinod Kumar Bharwani and Justice Saneep Mehta observed that the petitioner has...

The Rajasthan High Court has directed the Sub Division Officer concerned in the area to look into a representation to be made before it against alleged encroachment, unauthorized constructions demolition of structures at the Pahadeshwar Mahadev Temple in Barmer district.

The division bench comprising Justice Vinod Kumar Bharwani and Justice Saneep Mehta observed that the petitioner has been climbing up the wrong tree for ventilating his grievances by filing the representations to the Chief Minister and the Principal Secretary, Devasthan Department and thereby not addressing a dedicated representation to the Sub Division Officer (SDO) concerned.

The petitioner Vikram Singh claiming to be a devotee of Doli Mandir Sri Mahadev Ji (Pahadeshwar Mahadev) Ludrada, Tehsil Siwana, District Barmer approached the court seeking direction to Datnarayan Giri Baba-respondent No.4 restraining him to raise any new construction in the temple premises and further restraining him to remove, demolish, destroy any existing construction of the temple premises including the historical entrance pole of the temple.

The court ordered that the petitioner be relegated to file a representation to the SDO concerned, who shall consider the same expeditiously in the light of the Government issued guidelines dated 7.12.2009 to deal with such situations.

While disposing of the writ petition, the Bench observed,

"A perusal of the documents filed along with the writ petition indicates that the petitioner has till date not addressed a dedicated representation to the SDO concerned in the light of the aforesaid guidelines and has instead filed, representations to the Chief Minister, Rajasthan, Jaipur and Principal Secretary, Devasthan Department. Manifestly thus, the petitioner has been climbing up the wrong tree for ventilating his grievances. He is relegated to file a representation to the SDO concerned, who shall consider the same in the light of the guidelines referred to supra expeditiously."

The petitioner claimed that before approaching the court, he submitted a detailed representation to the State Government but no response has been given to the issues agitated by him.

In addition to the above, the petitioner also sought following reliefs:

Revenue authorities be directed to remove the encroachment/illegal possession from the land;

Sub Division Officer be directed to vacant the premises of Temple Sri Pahadeshwar Mahadev Ji, from the illegal occupation of Respondent No.4;

SDO further be directed to make a proper arrangement for management of the temple, deity and the land of the temple.

Adv. Moti Singh, appearing on behalf of the petitioner, submitted that the State Government has issued guidelines dated 7.12.2009 to deal with such situations and the SDO concerned has been made a Chairman of the Committee to look after the matters covered by the guidelines.

Case Title: Doli Mandir Sri Mahadev Ji (Pahadeshwar Mahadev), Ludrada Tehsil Siwana, District Barmer Through Its Devotee Shri Vikram Singh v. District Collector, Barmer & Ors.

Citation: 2022 LiveLaw (Raj) 149

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