Disposed

Shamrao Kisan Bharadi @ Jogi @ Gaikwad and Other v. the State of Maharashtra and Others

Bombay HC23 Mar 2023WP/1538/2021

Case brief

AI extract

What is this about?

The High Court directed police to provide protection to hereditary temple priests, hereto offer prayers, in view of Civil Court interim order and prior directions, ensuring expenses are settled promptly.

What did the court decide?

Respondents directed to provide police protection for petitioners to perform pooja under Civil Court interim order; expenses to be reported within one week.

Shamrao Kisan Bharadi @ Jogi @ Gaikwad and… — Civil Procedure and Limitation | Bombay HC (2023)

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 1 958-CrWP-1538-2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.

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CRIMINAL WRIT PETITION NO.1538 OF 2021

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SHAMRAO KISAN BHARADI @ JOGI @ GAIKWAD AND OTHER
VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Mr. Suresh P. Salgar h/f Mr. Niteen V. Gaware – Advocate for the
applicant
Mr. G. O. Wattamwar – APP for respondent/State

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CORAM : MANGESH S. PATIL
AND
 M. M. SATHAYE, JJ.

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 DATED : 23.03.2023

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PER COURT : -

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.Heard both the sides.

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2. The petitioners claim to be the hereditary poojaris of temple

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trust. Their right of offering prayers is being obstructed by the trustees.
The matter is pending before the Civil Court. The Civil Court has
granted interim relief in favour of the petitioners. Even on previous
occasion, not only the Civil Court but even this Court had directed the
police authorities to provide protection by imposing necessary charges
so that the petitioners perform pooja as is directed by the Civil Court.

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 2 958-CrWP-1538-2021.odt

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3.It appears that, time and again the petitioners have to

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approach either the Civil Court or this Court just for seeking directions
to the police authorities to provide police protection for exercising their
rights in respect of which there is an interim relief granted by the Civil
Court which is pending. It is unbecoming of police machinery to make
the petitioners approach the Courts again and again for the same relief
in spite of the fact that the petitioners are ready to bear the expenses.

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4. We dispose of the petition by directing the respondent nos.

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1, 2 and 3 to provide the police protection strictly to enable the
petitioners to reap the benefit of the orders passed by the Civil Court by
imposing necessary charges. The respondents no. 1 to 3 shall inform the
petitioners necessary expenses within one week.

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 [ M. M. SATHAYE ] [ MANGESH S. PATIL ]
 JUDGE JUDGE

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SGP

Shamrao Kisan Bharadi @ Jogi @ Gaikwad and Other v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Shamrao Kisan Bharadi @ Jogi @ Gaikwad and Other v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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