VISHWA HINDU PARISHAD Vs. COLLECTOR, PALITANA

JUDGEMENT

(1.) Vishwa Hindu Parishad through its District Vice President Shri Bharatbhai Madhubhai Rathod, Palitana has filed this Public Interest Litigation under Article 226 of the Constitution of India.

(2.) Upon issuance of notice to the Respondents including the later on added Respondent Nos. 4 and 5, reply Affidavit has been filed by Respondent No.5 - Sheth Anandji Kalyanji Trust to which a Rejoinder has been filed by the Petitioner. Reply has been filed with the Affidavit of Shri Shripal Rasiklal Shah, Trustee of Respondent No.5 - Trust and Rejoinder of the Petitioner with the Affidavit of Bharatbhai Madhubhai Rathod.

(3.) The dispute revolves round the Management of Nilkanth Mahadev Temple (recorded as Mahadev ni Jaggya in Government records) situated at Palitana Hills/ Shetrunjay Hills which is considered to be the most pious and divine Hills by Jain community since times immemorial and besides several (about 800 plus) Jain Temples on those Hills, the said Temple of Lord Shiva (Mahadev) in question constructed by Jain Community only is within the "Gadh" (Fort) Wall limits of the said Hills and the Respondent No.4 - Kalubharti Guru Vitthalbharti claims himself to be a "Mahant" and he now claims to be appointed as Pujari, stay overnight there and manage the said Mahadev Temple on the Shetrunjay Hills.