The Rajasthan High Court dismissed as withdrawn a Public Interest Litigation (PIL) seeking removal of encroachments from the land of Shri Bohra Ganesh Temple in Udaipur as per the directions issued by the state government.
The petitioner is claiming that the Old Temple Bohra Ganeshji is situated in Udaipur and around 25 bighas of agriculture land is recorded in the name of said temple in the revenue record.
The petitioner is claiming that he has filed the petition in public interest because about 90 percent of the land recorded in the name of Shri Bohra Ganeshji Temple has been disbursed by the priests of the temple, their legal heirs/family members since 1980.
It is stated in the petition that the priests and their legal heirs/ family members have sold the land of the temple to many persons on the basis of agreement to sale and other documents, though they don’t have any right to do so.
The petitioner has relied on certain notification/orders passed by the State Government stating that the concerned authorities are directed to get the land of the temples in the State of Rajasthan free from the encroachments and to eject the persons, who are in illegal possession over the temple land.
By the petition, the petitioner has prayed that the respondent-State may be directed to remove the encroachments made over the land of Shri Bohra Ganesh Temple in Udaipur as per the directions issued by the State Government vide circular dated 16.07.2021.
Having heard the counsel for the petitioner and after going through the averments made in the petition, the Division Bench of Justice Vijay Bishnoi and Justice Yogendra Kumar Purohit is of the view that the question regarding the ownership of the land and transfer of the temple land by the priests and their legal heirs/family members is a disputed question of fact.
Whether the parties and their legal heirs/ family members had any right to sell the temple land is a question, which is to be decided by the appropriate Court of law after considering the evidence produced by the rival parties.
At this stage, counsel for the petitioner has submitted that he wants to withdraw the petition with liberty to the petitioner to avail appropriate remedy available to him under the law
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