SBCWP No.542/2009 Mandir Shri Jagannathrai Ji & Anr. Vs. Asstt. Commissioner, Devasthan Department & Ors. 1 SBCWP No.542/2009 Mandir Shri Jagannathrai Ji & Anr. Vs. Asstt. Commissioner, Devasthan Department & Ors. DATE OF ORDER : - 22.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Manoj Bhandari, for the petitioners. Mr.SN Trivedi, for the respondents-caveators. <><><> Heard learned counsel for the parities. As per the case of the plaintiffs, the petitioner no.2- plaintiff no.2 was performing Sewa Puja for the temple- plaintiff no.1. The respondents nos. 2 to 4-defendants nos. 2 to 4 are his real brothers. According to learned counsel for the petitioners, the respondents nos. 2 and 3 were in Government service and they gave in writing to the plaintiff that the Sewa Puja may be performed by plaintiff no.2. Now the respondents nos. 2 and 3 have retired and therefore, the Devsthan Department had passed the order allotting equal share in the right of Sewa Puja to all the brothers i.e., plaintiff no.2 and defendants nos. 2,3 and 4. The plaintiff no.2-the petitioner no.2 impleading the SBCWP No.542/2009 Mandir Shri Jagannathrai Ji & Anr. Vs. Asstt. Commissioner, Devasthan Department & Ors. 2 temple as plaintiff in the suit prayed for injunction on the ground that he alone is entitled to perform Sewa Puja for the temple. The trial court dismissed the injunction application vide order dated 11.9.2008 and appeal against the said order was dismissed by the appellate court vide order dated 14.1.2007. Hence, this writ petition. After going through the facts of the case and in view of the reasons given by the courts below that prima facie defendants have right to perform Sewa Puja, I do not find any merit in this writ petition. Hence, the writ petition filed by petitioners is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-