JAIN SHWETAMBER SOCIETY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) 2024 The present writ petition has been filed for quashing the order dtd. 17/7/2014 (Annexure-20 to the writ petition) passed by the respondent no. 2 - the Collector, Giridih in Misc. Case No. 25 of 2000, whereby proceedings initiated under the Indian Treasure-Trove Act, 1878 (hereinafter referred to as "the Act, 1878") has been closed on the basis of the report dtd. 11/3/2014 sent by the Director, Directorate of Art, Culture, Sports and Youth Affairs, Government of Jharkhand, Ranchi. Further prayer has been made for issuance of direction upon the concerned respondents to hand over 19 Jain Idols unearthed during excavation at Village-Madhuban, District-Giridih to the petitioner in terms with Sec. 10 of the Act, 1878.

(2.) The factual background of the case emanating from the writ petition is that in course of excavation for new construction behind the campus of the main temple i.e., Bhomiya Ji Temple (Jain Shwetamber Kothi) pertaining to the petitioner, 19 worshipable Idols of Jain Tirthankar were unearthed on 1/6/2000. An information about the recovery of the said Idols was given by the petitioner to the police outpost at Madhuban as well as to the office of the respondent no. 2 on the same day i.e., 1/6/2000 and thereafter, the In-charge of the said Police Outpost prepared an Inventory of the Idols. As per direction of the respondent no. 2, the Sub-Divisional Officer, Giridih along with the Deputy Superintendent of Police, Giridih visited the campus of the petitioner on 2/6/2000 and sealed the idols in room no. 1 of Block 'A' of the 'Dharmshala' situated in the premises of the main temple by taking written undertaking of the President of the petitioner in the presence of its Secretary and one employee as a security (Jimmanama) in terms with Sec. 4 of the Act, 1878.

(3.) Thereafter, the respondent no. 2 vide letter no. 1550 dtd. 7/6/2000, requested the Director, Directorate of Archaeology, Government of Bihar, Patna to inspect the recovered Idols as well as the excavation site and to submit its report so as to take decision with respect to ownership of the said idols whereupon the said Director submitted its report to the respondent no. 2 vide Memo No. 268 dtd. 11/7/2000 stating inter alia that all the 19 recovered idols were buried in the soil by digging a pit about 200-250 years back perhaps due to fear of the then 'Mughal invaders'.