The High Court rejected a writ petition seeking a mandamus against the third respondent to reconstruct the temple of Goddess "Ninai Devi" and conduct Utsavs. The Court held that the petitioner failed to establish a legal duty on the respondent or that the alleged temple was demolished by the third respondent.
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ssp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
WRIT PETITION NO.4238 OF 2014
Vijay Gunga Patil
vs.
State of Maharashtra
and another
...Petitioner
...Respondents
Mr.Tanaji Mhatugade for the petitioner
Ms M.P.Thakur, AGP for the respondent Nos.1 and 2
CORAM : A.S.OKA, &
A.S.GADKARI, JJ.
DATE : OCTOBER 28,2014
P.C.:
1Heard the learned counsel for the petitioner.
As far as prayer clause (a) is concerned, it seeks
writ of mandamus enjoining the third respondent to
reconstruct the temple of Goddess “Ninai Devi” and
to take proper steps in order to celebrate certain
ceremonies (Utsavs).
2After having heard the learned counsel for the
petitioner, we find that the petitioner has not
placed anything on record to show that the third
respondent is under a legal duty to reconstruct the
temple in question. It is not the case of the
petitioner that the alleged temple has been
demolished by the third respondent. Therefore, a
writ as prayed for against the third respondent
cannot be issued. As far as prayer clause (b) is
concerned, the same does not survive with the
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passage of time.
3Though we decline to issue writ as prayed for,
we make it clear that other remedies, if any,
available to the petitioner are kept open.
4Subject to what is observed above, writ
petition is rejected.
2 issues framed by the court
Whether a writ of mandamus can be issued against the third respondent to enjoin reconstruction of the temple of Goddess "Ninai Devi" when no legal duty to reconstruct or prove demolition is placed on
Whether the writ petition seeking directions to celebrate certain ceremonies (Utsavs) survives the passage of time?
Vijay Gunga Patil
State of Maharashtra
A.S. Oka
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court