ACHARYA VISHNUPRASAD KANDAS Vs. PATEL TRIBHOVANBHAI MADHAVLAL

JUDGEMENT

(1.) Heard Mr.MK Paneri, learned advocate for the petitioner and Mr.JH Singh, learned advocate on caveat for the respondents.

(2.) The petitioner has preferred this petition under Articles 226 and 227 of the Constitution of India to assail the judgment and order dtd. 16/12/2021 passed by the 4th Additional District Judge, Mehsana at Visnagar in Civil Misc. Application No.4 of 2021 whereunder the order dtd. 23/7/2021 passed by the Additional Civil Judge, Visnagar below Exhibit 5 in Regular Civil Suit No.17 of 2020 came to be set aside.

(3.) Facts giving rise to the present petition are that the petitioner was working as a "Pujari" since last 18 years at the Mahakali alias Netreshwari Majati Temple at Village Bokarwada, Taluka Visnagar, district Mehsana. He was also allotted a residential quarter located in the premises of the temple in his capacity as a Pujari. It appears that owing to some dispute between the respondents and villagers, the petitioner came to be discontinued as Pujari with effect from 8/6/2020 and also directed to vacate the quarter given to him in his capacity as Pujari. The petitioner instituted Regular Civil Suit No.17 of 2020 in the Court of the Additional Civil Judge, Visnagar for declaration and permanent injunction. He also preferred an application Exhibit 5 to restrain the respondents from removing him as a Pujari and from the quarter allotted to him during pendency of the suit. Learned trial Judge by his order dtd. 23/7/2021 partly allowed application Exhibit 5 and directed the respondents not to remove the petitioner as Pujari without following due process of law.