LAWS(UTN)-2019-5-89

NARENDRA KUMAR Vs. STATE OF UTTARAKHAND

Decided On May 30, 2019
NARENDRA KUMAR Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Heard Mr. Ayush Negi, learned counsel for the petitioner and Mr. Pradeep Joshi, learned Standing Counsel for the State Government and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the public interest jurisdiction of this Court seeking a mandamus directing the first respondent to constitute a committee for management/trust of the affairs of the Purnagiri Temple; a mandamus directing the first respondent to prepare a list of important temples in terms of the order passed in Writ Petition (PIL) No. 151 of 2015 dtd. 20/6/2018; and a mandamus directing the first respondent to appoint Commissioners in such important temples, where till date no management committee is appointed by the first respondent.

(3.) Reliance is placed by the petitioner on three judgments. The first is that of a Division Bench of this Court in, In Re In the matter of 'Constituting a Trust / Board at the Jageshwar Dham, (Jyotirlinga) Almora Vs. State of Uttarakhand and others (order in Writ Petition (PIL) No. 64 of 2012 dtd. 12/7/2013), whereby certain directions were issued regarding constitution of a Committee of Management for the Jageshwar Dham (Jyotirlinga) at Almora. The second judgment, on which reliance is placed by the petitioner, is that of another Division Bench of this Court, in Anjali Bhargava Vs. State of Uttarakhand and others (order in Writ Petition (PIL) No. 151 of 2015 dtd. 20/6/2018), whereby the Division Bench had made suggestions/recommendations to the State Government to frame suitable legislation for proper functioning of Hindu Public Religious Institutions and Charitable Endowments; and had directed the State Government to prepare a list of all the public temples throughout the State of Uttarakhand to bring them within the Schedule. The Division Bench had opined that the State Government was expected to give respect and honor to the suggestions made by the Court.