ROMESH GIRI (MAHANT) Vs. BHARAT BHUSHAN VYAS

JUDGEMENT

(1.) , Through the medium of this petition, the petitioner, namely, Mahant Romesh Giri has sought initiation of contempt proceedings against the respondents for the willful voilation of the Court order dated December O9, 1991 passed in CMP No. 695/91 of appeal No. 156/91. Furthermore, breach of the order dated 26 -10 -1991 passed by the learned Additional District Judge, Reasi (in case Civil Misc. No. 9 of 1991 titled Mahant Rornesh Giri V/s Sh. Mata Vaishno Devi Shrine Board and Others) is also alleged (hereinafter referred as Shrine Board).

(2.) THE relevant facts shorn of its unessentials are that the petitioner herein on January 18, 1991 entered into a registered agreement with Shri Mata Vaishno Devi Shrine Board, Katra(through its Chief Executive Officer) wherein he had agreed to act as Poojari of the Shiv Mandir known as "Shivkhori Cave" and the Shrine Board in lieu of these services had to pay him a consolidated remuneration of Rs.2500/ - per month. The Shrine Board was authorised to raise permanent and temporary structures (such as shops, khokhas and sheds etc.) over the cave land and its appurtenance. The petitioner herein acted for some -time on the terms and conditions of the agreement but made a complete volte face when on August 23,1991 filed Civil Suit in the court of learned Additional District Judge, Reasi. Civil Misc. Petition No. 9 of 1991 is an off -shoot of that Civil Suit wherein relief for the grant of temporary injunction was claimed. The learned Trial Judge after hearing the counsel for the parties, granted temporary relief to the extent that the petitioner therein was allowed to perform the religious duties of the Pooja. The said order of the learned Additional District Judge, reasi was challenged in civil 1st Appeal No. 156/91 titled Mahant Ramesh Giri V/s Shri mata Vaishno Devi Shrine Board and others. During the pendency of the appeal, on December 9, 1991 ex -parte order (annexure P -2) was -passed whereby respondent therein namely (1) Shri Mata Vaishno Devi Shrine Board, Katra (through its Civil Executive Officer) and (2) the Additional Chief Executive Officer; Shri mata Vaishno Devi Shrine Board were directed not to make any alteration in the structure of the holy cave of Shivkhori. The order was conditional i.e., subject to the filling of objection by the other side. Subsequently, the above said Civil 1st Appeal No. 156/91 was dismissed on November 21, 1994 and direction was issued to the respondents therein to maintain and keep an account of the income as well as expenditure of the temple in question, till the final disposal of the suit in the Trial Court i.e. before the learned Additional District Judge, Reasi.

(3.) THE allegation levelled in this petition against the respondents are that they without caring for the orders of this court, on March 1,1992 collected in the cave premisis and threatened the petitioner herein to withdraw his suit from the Court of the learned Additional District Judge. Reasi as well as the appeal from this Court. Respondent No.1 namely. Mr. B.B. Vyas then the Additional Executive Officer. Shri mata Vaishno Devi Shrine Board, katra openly declared that he had never cared for such orders of the Courts. That he had been vested with more power than the powers of the High Court and would call the Judge at the site of the cave as well as in the town of the Katra. The Judges have to succumb to the executive force of the Government. After making such utterances he procured the help of some anti -social elements and got counstructed sheds over the land of the cave. The respondents had also interfered with the performance of the Pooja ceremonies.