The Madhya Pradesh High Court has recently dismissed a PIL seeking to remove encroachment from temple premises in Village Ghinhagaon, P.S. Barganvan, Tehsil Devsar, District Singrauli, Madhya Pradesh.
The petitioner, Prakash Narayan Pandey, has also prayed for quashing of the impugned order dated February 25, 2020 passed by Collector Singrauli that there cannot be an order for removal of encroachment of the temple or its surrounding land.
The petitioner is aggrieved with the action whereby the Collector has refused to remove the encroachment of the private respondents from temple premises.
According to the petitioner, he is the complainant in the present case and he has filed a complaint before the respondent regarding encroachment by private respondents in the government land, but after passing the order, the respondent has failed to exercise its jurisdiction/power to remove the encroachment. Thereafter, the petitioner has made a representation to the concerned authorities but with no result.
The petitioner has filed a PIL in 2017 before the High Court, which was disposed of by order dated 22.08.2017 with liberty to the petitioner to seek other remedy as is available to him under the law. Thereafter, the petitioner has again approached the Tehsildar and thereafter, the Collector Singrauli has removed the encroachment from government land, but refused to remove encroachment from the temple premises, since the Tehsildar has passed the order which was set aside by the Collector Singrauli.
Swapnil Ganguly, Deputy Advocate General for the respondents/State, has pointed out that the order was passed by the Tehsildar for removing the encroachment of the Temple premises. However, against the said order an appeal was preferred before the S.D.O. Devsar, District Singrauli. By order dated 13.01.2016, the S.D.O., Devsar has passed the order for removing the encroachment except the land of the temple.
Against the said order an appeal was preferred before the Additional Commissioner, Rewa, Division- Rewa, which was also dismissed. The said order was further challenged before the Board of Revenue, Gwalior but the same also faced dismissal. Against the order of the Board of Revenue, a writ petition was filed in 2017 , which was dismissed vide order dated 17.04.2018. The petitioner further preferred a Petition which was disposed of, vide order dated 22.08.2017 to carry out the order regarding removal of encroachment. Thus, all the authorities had directed for removal of the encroachment except the temple and its premises.
The Division Bench of Chief Justice Ravi Malimath and Justice Vijay Kumar Shukla observed that by the impugned order, the Collector, District Singrauli has mentioned that for safety of the temple, the boundary-wall has been constructed, which is essential for the safety of the temple. Further, a tin shed has been constructed in which the pujari of the temple is residing. “Thus, the Collector Singrauli had passed the order that there cannot be an order for removal of encroachment of the Temple or its surrounding land,” the Bench held.
“Since, all the authorities have held that the encroachment has now been removed except temple, we do not find any illegality in the order passed by the Collector Singrauli, warranting any interference in the present writ petition. Accordingly, the writ petition is dismissed. No order as to costs,” the order reads.