~vm HIGHCOURT OF JUDICATURE GHHATTISGARH : BILASPUR SINGLEBENCH:HON'BLESHRIS.R.NAYAK,CJ. WRIT PETmONNO. 6107 OF2005 PETITIONER -^ RESPONDENTS It^ Vs. NagaSadhu Bftagwat Das.Agedabout 34years,Sfo^uruVishwanathDas,R/o Hanuman Gadhi Ayodhya, Dist. fasabad, (UP) 1. TheStateof Chhattlsgarh, Through Secretery, Religious PuMic Trust, D.K.S Bhawan, Raipur Tahsil and Distt. Raipur (C.G^ 2. Collector / Registrar, Public Trust Raipur, Tah & Distt. Raipur^C.G.) 3. The Branch Manager, Central Bank, Vivekanand Ashram, Ralpur,Jahsil and Distt.Raipur^.G^ 4. M.M.Gupta(CharteredAccountant) ShahidSmarkaBhavian.Razbandha Maidan, Raipur, Tah. & Distt. Raipuig, (C.G.) , _. ~ 5. ChatyrSingh,^edabout78yeareS/o LateShriAijunSJnghThakur.R/oln frontofThakurLaxminarayan Swami Mandir, Amapara (Ramkund) Ralpur Tah.And Distt. Raipur(C.G^ 6. Genesh Ram, Ex-eorporator.Amapara (Ramkund) RaipurTah. & Distt. Raipur (0^3.) 7. K.K.OubeyCidyocate),Agedabput70 year, R/oSattibazar, Raipur, Tahsfl & Distt.Raipur(G.G^ 8. Chudhari Singh Thakur, Aged about 45 year, S/a Chatur Singh Thakur, R/o. tn iTontofThakurLaxminarayanSi^mi Mandir, Raipur Ama|Mra O^amlaind) Raipur, Tah & Distt. Raipur (C.G.) 9. Bedram Sahu,Agedabout70year,R/o Janjgir(BMY) F^)stJanjgir(BMY)Tah. & Distt.RaipUr^.Gj 10. Vishal Chandrakar,Agedabout65years, R/o ESeobaldar Post Bhilal - 3, Tahsit & Distt.Durg ^ - . Present: Mr; S.C. Verma, leamed counsel for the petltfoner. Mr. Yashwant Singh, learnedGovt. Advocate for the Slate. •2.- •s <r- !!":: ORAL ORDER (Passed on 2nd January, 2006) The petitioner claiming to be a member of Ramanandi Sampradya and complaining that fte 5 respondent without auUioRty of law and in violation of procedure of appointment laid-down in the decrees passed in FirstAppeal No. 132/1979 and FirstAppeal No. 182/19790n the file ofthe M.P. High Court has been functioning is Sarvarakar has flled this writ petifion praying for the following reliefs:- a. That, this Hon'ble Court may kindly be stopped the funcUoning of respondent No. 5 as he has no authority to become president of the trust committee. b. That, this Hon'ble Court may kindly be pteased to stopped disbursement of the property/amount of the Laxminarayan Temple (Public Trust) till final decision ofthispetition. c. That, this Hon'ble Court may kindly be appoint a receiver/manager for lawful funcUoning of the Laxminarayan Temple (Public Trust) till final decision ofthispetition. d. That, this Hon'ble Court may kindly be appoint a person as Sarvarakar, from Ramanandi Sampradaya. If possible within 1 month from the date of orcter or this Hon'ble Court. Because this provision had already been made by the division Branch in First appeal 182/1979. •\. (2) The dispute brouglTt before friis Court is civil in natyre. In order to grant the retief to ttie petitioner as prayed for, it becomes imperative for the Court to pronounce upon fte entitlement of the fifth respondent to funcBon as Sarvarakar of the trust !n question. Alternatively, it could be pointed outthat if the ftincb'oning ofthe fifth 1111!! illw ll!i|! iwa sit:Mi- i'Hac -3- -•\ respondent as Sarvarakar Is contrary to the terms of the decrees passed in FirstAppeal No. 132/1979 and /or First Appeal No. 182/1979 on theflte oftheM.P. High Court, it is open for thedecree holder to enfbrce Uie terms of the decrees by executing the same in jurlsdictional Court, This Court functioning under Article 226 of the Constitution cannot be / converted into a Civil Gourt to decide entittement of the fifth respondent to office ofSaroarakar. On thatshortground, 1 am not inclined to entertain this wrttpetition. tt is accordingty dismissed at theadmission stage itsetf, however, reserving liberiy to the petitioner to workout hislegal remedies before any statutory fora or jurisdictional Civil Court. All contentions raised in thiswrit petition are left open to be agiterted/pressed intoservice before such statutory fpra or Ch/il Court THere shall be no orderas to ^s. ^ ^- sd/:^ J ChiefJustice Wm'ie- li-Ji!i