LAWS(CHH)-2010-12-24

GHAMAND SINGH Vs. COMMISSIONER, BASTAR DIVISION

Decided On December 01, 2010
GHAMAND SINGH Appellant
V/S
COMMISSIONER, BASTAR DIVISION Respondents

JUDGEMENT

(1.) The instant petition is basically under Article 227 of the Constitution of India, challenging legality and validity of the order dated 30.12.1994 (Annexure P-7) passed by the Sub Divisional Officer (Revenue), Jagdalpur, (for short "the SDO") and order dated 18.8.1999 (Annexure P-10) passed by the Commissioner, Bastar Division, Jagdalpur, (for short "the Commissioner") whereunder, the order passed by the Sub Divisional Officer was confirmed.

(2.) The grievance of the Petitioner is that the Petitioner was appointed as Pujari of Sheetla Mata Temple, Jagdalpur (for short "the Temple"), as against the death of his father Shri Sooraj Singh on 25.9.1966, for a period of six months on temporary basis. The Petitioner continued till the order dated 30.12.1994 was passed by the SDO. Thus, the removal of the Petitioner from the post of Pujari, is contrary to the well established principle of law, as the Petitioner has acquired the right to the post on account of long practice as Pujari.

(3.) Shri Jain, learned Counsel appearing for the Petitioner, submits that the SDO as well as the Commissioner have ignored completely the facts that the order dated 18/11/1986 (Annexure P/3) passed by the Manager, Temple Estate, Jagdalpur, (for short "the Manager") clearly stated that the Puja of the Temple would be done in accordance with its established tradition. Shri Jain further submits that Puja in accordance with the tradition means, the Puja has to be performed by two persons, as it was done by the parents of the Petitioner and Respondent No. 5.