K.S. Rathore, J. - (1.) ON 25.02.2005, the Division Bench of this Court having considered the rival submissions of the respective parties and after carefully going through the material available on the record as well as the report submitted by the Collector, Sikar, dismissed the instant writ petition on the ground that no issue of public interest in involved in the writ petition.
(2.) AGAINST the order of the Division Bench dated 25.02.2005, the petitioners preferred an appeal i.e. Civil Appeal No. 399/2008 (Arising out of SLP (Civil) No. 13190 of 2005) - Jagdish Prasad Chowdhary v. State of Rajasthan and Ors., before the Hon'ble Supreme Court and the Hon'ble Supreme Court vide order dated 11.01.2008 while setting aside the order dated 25.02.2005 passed in the present writ petition i.e. Writ Petition No. 6799/2003, remitted the matter to this Court with direction to dispose of the writ petition by a reasoned order, in accordance with law observing that all contentions including maintainability of the writ petition is left open. The petitioners, who are the residents of Village Khatu Shyamji, Tehsil Dantaramgarh, District Sikar, have preferred the instant writ petition in the public interest stating therein that the temple of Shri Khatu Shyamji is one which attracts millions of Indians from within the country and from abroad as well. For the purposes of reaching the temple, there is only small path and if shops are allowed to open on the above path, then the path becomes still narrower. The petitioner claimed to be interested in the welfare of the villagers of Shri Khatu Shyamji and also interested in those who are visiting the village Shri Khatu Shyamji for Darshan of Shri Khatu Shyamji (Lord Krishna every year. As per the petitioners, they have preferred this writ petition in the public interest so that the devotees of Lord Krishna (Shyam Baba) may not face any inconvenience, traffic jams on mishaps like stampede etc.
(3.) THE petitioners have also challenged the action of the respondent No. 3 Gopal Singh, who is constructing the shops opening on the road leading to the temple of Shri Khatu Shyamji. Further the State as well as the Tehsildar, Tehsil Dantaramgarh, District Sikar are not taking action refraining the respondent No. 3 from constructing the shops and that too opening the same on the road leading to the village, particularly to the deity and such action of the respondent No. 3 is creating obstructions and nuisance to the public visiting at the site where the shops are being constructed.;