SHARAD ZAVERI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, who are followers of Mohjit Samuday of the Tapagacch denomination of Shwetamber Murtipujak Jains, seek certain reliefs in the exercise of the jurisdiction of this Court under Article 32 of the Constitution. They seek a direction to the respondents to:

(2.) The dispute in the present case is between two segments of the same denomination, namely, the Tapagacch denomination of the Shwetamber Murtipujak Jain community.

(3.) The resolution of the above dispute cannot take place merely on the basis of the averments in the petition under Article 32 and counter affidavits in opposition. The nature of the rights which the petitioners claim would have to be established on the basis of evidence. The rights which are claimed and the alleged infraction of rights would also have to be established on the basis of evidence. The mere fact that the petitioners invoke the Places of Worship (Special Provisions) Act 1991 is not ground enough to entertain a petition under Article 32 of the Constitution when the underlying facts on the basis of which such a claim is made would have to be duly established in the course of the trial of a civil suit. Sufficient remedies are available in the form of a suit under Sec. 92 of the Code of Civil Procedure 1908 or, even otherwise.