1 D.B.Civil Writ Petition No.1725/2004 Smt.Santosh Khandelwal & ors. V/s The State of Rajasthan & ors. 21.5.2010 Hon'ble the Chief Justice Mr.Jagdish Bhalla Hon'ble Mr.Justice M.N.Bhandari Mr.Rajendra Prasad for the petitioners. Mr.R.S.Mehta for the respondents. This public interest litigation has been filed with the following prayers:- “(a) Issue an appropriate Writ, Order or direction directing the respondent 1, 2 and 5 to take possession, management and control of respondent no.3 Shiv Temple situated outside Jorawar Singh Gate and at the corner of Khandelwal Colony Jaipur and to open it for public at large for worship and other religious purposes. (b) Issue an appropriate Writ, Order or direction directing the respondents to see that the land of temple of Lord Shiva measuring 520 sq.meter situated at outside Jorawar Singh Gate, Jaipur, is not converted by anyone for any purposes other than worship and religious purpose. (c) Issue an appropriate Writ, Order or direction by passing suitable order to restore the position of ancient temple of Lord Shiva with Shiv Panchayat (idols) in the same position, which was prior to 25th January 2004, in case any change is made in the temple as well as idols either by respondent No.3 or 4 or by any one during the pendency of this writ petition.” Looking to the controversy involved needs a finding of fact. In view of the aforesaid, this writ petition in public interest cannot be maintained. However, if the petitioners have any grievance they can maintain representative suit. The learned counsel for the petitioners submits that they may be given liberty to maintain such a suit and for interim period, the respondents may be 2 restrained from demolishing construction for which undertaking was earlier given by them. The learned counsel for the respondents submits that they are not going to demolish construction in near future and they have no objection if interim protection is given to the petitioners for a reasonable period. Looking to the submissions made by the parties, while dismissing this public interest litigation, the petitioners are given liberty to maintain proper suit for agitating their grievances as raised in this petition. Taking note of the fact that an undertaking was given by the respondents not to demolish construction and it is also agreed that for a reasonable period, such undertaking may be continued, the respondents are accordingly directed not to demolish construction for a period of 14 days (fourteen days). In the meanwhile, the petitioners would be free to maintain suit, if they so desire and make an application for injunction. This petition accordingly stands dismissed with the aforesaid observations and directions. (M.N.Bhandari)J. (Jagdish Bhalla)C.J. Parmar