KANWALJIT SINGH AHLUWALIA,J. - (1.) The present petition has been filed under Article 226 of the Constitution of India, praying that permission may be granted to the petitioner to provide water and food through Bhandara to the devotees who visit Shri Ganesh Trinetra Temple, Ranthambore at Sawai Madhopur during the annual fair organised near precincts of the Mandir.
(2.) It is contended that for providing water and food to the devotees, the petitioner organisation had to approach this Court by filing SBCWP No. 9960/2009 and a co-ordinate Bench on 19.8.2009, permitted the petitioner organisation to install water hut and further arrange Bhandara at the Mela place. The petitioner organisation was also permitted to ply vehicles i.e. two mini trucks and a maruti car. The order dated 19.8.2009 passed by the co-ordinate Bench reads as under:- "Issue notice. Mr. Gajjanand Mishra Manav, Dy. Govt. Counsel is directed to accept notice on behalf of the respondents. He seeks two weeks time to file reply. Time prayed for is allowed. The matter was heard for consideration grant of interim order. Meanwhile, the petitioner is permitted to install a water hut (Dharmarth Pyau) and further arrange a bhandara at the mela place. The petitioner is also permitted to ply the vehicles i.e., Two Mini Truck bearing No. RJ29-G-0402, RJ29-GA-0531 and maruti car No. RJ14-1478 from 21.8.2009 to 24.08.2009."
(3.) The story was different in the year 2010. Again the petitioner organisation filed a writ petition, SBCWP No. 12378/2010 and a co-ordinate Bench again allowed the same by passing detailed order on 9.9.2010. The same story was repeated in the year 2011. In the year 2012, SBCWP No. 14122/2012 this Court granted permission by passing a detailed order on 14.9.2012. The order dated 14.9.2012 reads as under:- "1. The case of the petitioner-Samiti is that it is a registered Samiti for providing facilities to devotees who visit Shri Ganesh Trinetra Temple, Ranthambhore at Sawai Madhopur during Ganesh fair. The petitioner-Samiti is aggrieved of non-consideration of its application by the Collector, Sawai Madhopur for permission to hold 'Bhandara' and set up water hut/s at Patali Devi Temple situate 1/2 km away from Shri Ganesh Trinetra Temple. 2. Counsel for the petitioner submits that the permission for holding 'Bhandara' and setting up water hut/s for the pilgrims visiting the Ganesh Temple during the fair had been granted by the respondents in the earlier years during Ganesh fair at Patali Devi Temple. However, permission for this year's Ganesh fair scheduled between 15.09.2012 to 19.09.2012 has been arbitrarily denied. It is submitted that in the earlier years when permission was granted, the petitioner-Samiti was never in breach of the conditions of the permission. 3. Mr. Inder Raj Saini, AAG appearing for the State on instructions submits that in the event the petitioner-Samiti were to approach the Collector, Sawai Madhopur, its pending application is likely to be considered sympathetically and permission to hold 'Bhandara' and set up water hut/s during Ganesh fair scheduled between 15.09.2012 to 19.09.2012 is likely to be granted. 4. Heard the counsel for the petitioner-Samiti and Mr. Inder Raj Saini, AAG for the State. 5. In view of the concession of Mr. Saini, AAG, this writ petition is disposed of with the direction to the Collector, Sawai Madhopur to consider and dispose of the petitioner-Samiti's pending application for permission to hold 'Bhandara' and set up water hut/s during Ganesh fair at Patali Devi Temple scheduled between 15.09.2012 to 19.09.2012 by 15.09.2012. 6. Stay application needs no address in view of the disposal of the writ petition.";