HASMUKHBHAI LAXMANBHARTHI GOSAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this writ application under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, the writ applicant has prayed for the following reliefs:

(2.) Heard Mr. C.J. Vin, learned advocate for the applicant and Ms. SS Pathak, learned APP for the respondent State.

(3.) It is the case of the applicant that his ancestral were worshipers of deity Shiva and are offering pooja since many years. In the year 1993, the dispute arise between the brothers Fulbharthi, Laxmanbharthi (father of the applicant), Arjunbhai and Girdharbharthi with regards rights in performing pooja in the Nagnath Mahadev temple at Nageshwar. Undisputably pursuant to the undertaking in connection with rights of performing pooja, Special Civil Application No. 13771 of 1994 was disposed of accordingly. It is the case of the applicant that despite the undertaking filed by the Girdharbharthi and others, the applicant has been restrained from enjoying his rights of offering pooja to the deity Shiva. The applicant has asserted that from 1/11/2021, it was his turn to perform pooja to the deity Shiva, however, he apprehended that he would be prevented by Girdharbharthi to enter into the temple and there is a threats to his person and life. As a result of which, he submitted an application to PI, Mithapur Police Station, Dist.: Devbhoomi Dwarka to provide effective police protection at their own costs.