Allahabad High Court
Jitendra Giri And Another vs State Of U.P. And 3 Others on 10 October, 2023
Bench: Mahesh Chandra Tripathi, Prashant Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:196435-DB
Court No. - 40
Case :- WRIT - C No. - 34680 of 2023
Petitioner :- Jitendra Giri And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Pawan Giri
Counsel for Respondent :- C.S.C.,Vineet Sankalp
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioners, Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents and Sri Vineet Sankalp, learned counsel for respondent no.4.
2. Present writ petition has been filed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to allow the petitioner to worship Naugarh Shivling establishid in Shanidev Temple in Sri Kashi Vishwanath Temple, Varanasi and allow the petitioners to receive offerings made by the devotees in the said temple, in the interest of justice.
(ii) Issue a writ, order or direction in the nature of mandamus direction the respondent no.3 to deice the representation dated 17.02.2023 within a stipulated period of time as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. It transpires from the record that the respondents had launched a project for expansion and beautification of "Shri Kashi Vishwanath Temple, Varanasi". Under the said project, the petitioner's house no.D-9/3, Vishwanath Gali, Dashashwamedh was also purchased by the State Government by way of sale deed executed in favour of His Excellency the Governor of Uttar Pradesh and admittedly the petitioners had received the sale consideration without any objection. The claim of the petitioner is that in addition to above sale consideration, the respondent no.4 vide order dated 2.12.2019 has also granted rights to the petitioners and their two other family members to worship at Naugrah Shivling established in Shanidev Temple in Sri Kashi Vishwanath Temple, Varanasi and to receive the offerrings made by the devotees in the said temple. It is contended that the petitioners and their family members are engaged in worship, cleaning and receiving the offerrings made by devotees in the said temple from past many years but the present Chief Executive Officer, Shri Kashi Vishwanath Temple Varanasi-respondent no.4 has restrained the petitioners and their other family members from doing the worship, cleaning and receiving the offerrings made by the devotees of the aforesaid temple.
4. On the other hand, learned counsel for respondent no.4-Chief Executive Officer, Sri Kashi Vishwanath Temple, Varanasi has vehemently opposed the writ petition. On the basis of instructions sent by the respondent no.4, he has contended that for expansion and beautification of "Shri Kashi Vishwanath Temple, Varanasi", a project was launched in which the petitioner's house no.D-9/3, Vishwanath Gali, Dashashwamedh was purchased by the State government by way of sale deed executed in favour of His Excellency the Governor of Uttar Pradesh and admittedly the petitioners had received the sale consideration of Rs.2,39,05,000/- without any objection. In the aforesaid house, there was a temple of Lord Shani, whose offerrings were received by the petitioners and their family members. As such, after purchasing the said house, Kashi Vishwanath Temple Trust has also got constructed a fully renovated Shanidev Temple on their own expenses and handed over the same to the petitioners. They were also given rights to worship and accept the offerrings made in the said newly constructed Shanidev temple. In this regard, the then Chief Executive Officer of Sri Kashi Vishwanath Temple, Varanasi has also issued a letter dated 2.12.2019. It is contended that since then the petitioners and their family members are worshiping and receiving offerrings in the said renovated Shanidev Temple. It is alleged by the respondent no.4 that despite receiving the compensation without any protest as well as the newly constructed Shanidev Temple, the petitioners have put their offerring box (Hundi) inside "Shri Kashi Vishwanath Temple" and started sitting there, thereby siphoning the offerings of "Shri Kashi Vishwanath Temple". It is alleged that present writ petition has been preferred by concealment of material fact and as such the same is liable to be dismissed.
5. Learned counsel for respondent no.4 has further contended that once the petitioners have sold their house with their free will without any coercion and also received the sale consideration without any objection, they cannot ask for any further consideration in view of law laid down by the Full Bench of this Court in Ravindra Kumar vs. District Magistrate and Ors. reported in 2005 (2) AWC 1650. It is contended that similar controversy has been raised before the aforesaid Full Bench, wherein following questions were referred for answer:-
"1. Whether Government Orders/Circulars providing employment to one member of a family whose land has been acquired (over and above the compensation awarded under law) is valid or not?
2. Whether the acquiring bodies for whose benefit the land is acquired are bound by these Government Orders/Circulars.
3. Whether a writ can be issued directing the acquiring body to consider the claim in accordance with the Government. Orders/Circulars."
6. The Full Bench has answered the aforesaid questions with following effect:-
"1. The Government Orders/Circulars providing employment to one member of a family of a person whose land has been acquired (over and above the compensation awarded under the law) are invalid.
2. The acquiring body for whose benefit the land is acquired are not bound by such Government Order/Circular.
3. No writ can be issued directing the acquiring body to consider the claim in accordance with the aforesaid Order/Government Circular."
7. In this backdrop, it is contended that once the petitioners have accepted the sale consideration without any protest and as such in view of the aforesaid judgment he cannot claim for any further consideration.
8. Having heard rival submissions, perusing the record, respectfully considering the judgment cited at Bar and considering the allegations levelled against the petitioners, we are of the considered opinion that inspite of receiving the adequate compensation without any protest, the petitioners have put their offering box (Hundi) inside "Shri Kashi Vishwanath Temple" and started sitting there, thereby siphoning the offering of "Shri Kashi Vishwanath Temple" and as such we are not inclined to exercise our discretionary jurisdiction under Art.226 of the Constitution of India.
9. In view of above, the writ petition being misconceived is dismissed.
Order Date :- 10.10.2023
S.P./SP/
