R.S.CHAUHAN, J. - (1.) LIKE the Biblical story of David and Goliath, this is a case of an individual pitted against the colossal State. Having bought some properties at Pushkar, an ancient and a holy city in Rajasthan, the petitioner has been running a hotel in the name and style of 'Hotel Pushkar Palace' since 1981. There were certain legal battles fought between the petitioner and the Municipality Board ('the Board', for short), Pushkar -the respondent No. 3 before this Court. The Board lost these battles. The Board claims to have served a notice on the petitioner on 22.4.06 directing him to remove the illegal constructions/encroachments made by him, within three days. But notwithstanding the said notice, on 22.4.06 itself, the Board demolished a part of the hotel and sealed thirty -eight rooms of the hotel. When the petitioner protested against the illegal action of the Board, the Board issued yet another notice on 28.4.067 Stunned by the demolition, aggrieved by the notice dated 28.4.06, the petitioner has knocked at the gates of this Court and has sought refuge.
(2.) THIS case has a long and chequered history. However, the history is pertinent for appreciating different aspects of the issues which would emerge in this case. Hence, it is essential to narrate the details of running battles and skirmish between the petitioner and the Board. Near Ajmer, nestled among the Aravali Hills, lies the ancient and holy city of Pushkar. According to Puranic mythology, Lord Brahma performed a Yagyna at the Pushkar lake (Pushkar Sarover). However, as his consort, the Goddess Saraswati was not ready to join him in the Yagyna, according to the story, Lord Brahma created another Goddess. Taking her to be his lawful -wedded wife, he performed the Yagyna with her. Upon knowing that another Goddess had substituted her, Goddess Saraswati cursed Lord Brahma that he shall not be worshiped anywhere else in India, except at Pushkar. Hence, the only known temple of Lord Brahma in India exists in Pushkar. According to another Puranic mythology, when the fight ensued between the Gods and the demons over the pot of nectar, Lord Vishnu, in the form of Mohini, stole the pot of nectar from the demons. While Mohini ran with the said pot, drops of nectar fell into the Pushkar Lake (Pushkar Sarovar). Thereafter, Hindus believe that a bath in the Pushkar Sarovar would free the soul from the cycles of births and deaths. In Rajasthan it is common for the people to submerge the ashes of those who have expired in their family in the Pushkar Lake, Thus, like Allahabad and Varanasi, Pushkar is a favorite site for performing the last rites for the dead. Because of these religious stories, Pushkar has held special significance in the minds of Hindus since time immemorial.
(3.) IN modern days, Pushkar is famous for its Cattle Fair which is generally held in the months of October -November, The Pushkar fair has attracted the attention the world -over. Not only the villagers come to sell their cattle, but foreign tourists descend on Pushkar to enjoy, the sites, the sounds and the colors of Rajasthan. Thus, the town is one of the favorite destinations for tourists in Rajasthan; it is vital to the economy of the State.;