HEMANT MALVIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) Petitioner who filed a Public Interest Litigation before this Court is seeking removal of a temple established in the year 2012 at Yashwant Niwas Road, Indore (M.P.). The Division Bench of this Court dismissed the writ petition by placing the reliance on a judgment passed by the Apex Court in the case of State of Uttaranchal V/s Balwant Singh Chaufal and others, (2010) 3 SCC 402 as the petitioner was not found Social Worker to invoke the public interest writ petition.

(2.) The Writ Court has also held that the issue of encroachment can be decided after recording the evidence and the writ petition cannot be decided based on the disputed question of facts. Now, the petitioner has filed this review petition on the ground that the Division Bench has wrongly placed reliance on a judgment passed in the case of State of Uttaranchal V/s Balwant Singh Chaufal and others (supra). The Division Bench has not understood the guidelines laid down by the Apex Court in the aforesaid judgment.

(3.) The petitioner is claiming himself to be a Journalist, he has filed the writ petition only in respect of construction of one temple at Yashwant Niwas Road. He has impleaded as many as 25 respondents, out of which respondents No.6 to 25 are the President and Trustees of Manmohan Parshavanath Jain Shwetamber Mandir Evam Guru Mandir Trust. If petitioner is aggrieved by illegal construction of religious places, then he ought to have challenged all the religious structures constructed either on government land or without permission.