This Court in exercise of jurisdiction under Article 226 of the Constitution of India is not going to make fishing or roving inquiry and to issue any direction to the official respondents in absurdity.
(A) Local deities – Transfer of the lands owned by local deities in favour of third parties – Petition against – This Court in exercise of jurisdiction under Article 226 of the Constitution of India is not going to make fishing or roving inquiry and to issue any direction to the official respondents in absurdity. The petitioner has espoused its cause by way of the instant petition in the capacity of an individual entity having allegedly found the transfer of land belonging to deities in favour of private individuals or State worth cognizant under its aims and objects. As such, this cannot be said to be the espousal of the cause of public interest. The simpliciter allegations are of violation of the rights of a minor, however, without any specific instance or allegation. Petition Dismissed.
However, it should not be construed to be an approval of this Court to any transaction having effect of transfer of property of idol (deity) in violation of law and in all such cases, the person aggrieved can avail appropriate remedy available to him/her in accordance with law. (Para 20, 23)
(B) Local deities – Locus Standi – Petition against transfer of the lands owned by local deities in favour of third parties – The objection as to right or locus of petitioner to file and maintain the instant petition. Held: Petitioner has taken up a cause for protection of interest of perpetual minors (deities) of District Kullu. No questions have been raised as regards the motive of petitioner to file instant petition. The entity of petitioner being a Trust formed for its avowed objectives has also not been questioned. Hence, petitioner definitely can be said to have the locus to approach this Court more particularly when the acts of persons vested with the authority to preserve properties of ‘Deities’ are sought to be assailed. (Para 7)
(C) Writ Petition – Delay and Laches – Petition against transfer of the lands owned by local deities in favour of third parties Held: As regards the objection, of the official respondents, with respect to delayed filing of petition, we find the same to be not of much consequence for the reason that the invocation of writ jurisdiction of this Court, in this case, is for protection of rights of ‘Idols’ who are perpetual minors and the principles of limitation as also the delay and laches will not strictly apply in cases of minors and more particularly when the question has been raised as to transactions having adverse effect on their interests. (Para 8)
Himachal High Court Judgment
Citation: 2023 STPL(WEB) 5 HP
DEV SANSKRITI CHARITABLE TRUST KULLU Vs. STATE OF H.P. & OTHERS
CWP No. 3956 of 2015-Decided on 6-7-2023
Click to See Full Text of Judgment: 2023 STPL(WEB) 5 HP
