AJIT KUMAR Vs. STATE OF JHARKHAND
LAWS(JHAR)-2001-5-25
HIGH COURT OF JHARKHAND
Decided on May 07,2001

AJIT KUMAR Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

M.Y.EQBAL,J. - (1.) THE parties generally agree that, even while the respondent No. 3, the Deputy Commissioner. Deoghar, should continue to function in his present status of a Trustee/Receiver/Administrator, there is imperative need to appoint a broad -based Management Board so that important, vital decisions of far reaching importance, operative in the long run, are taken with respect to the management of the Temple on the lines of Shri Vaisno Devi Shrine Board and Tirupathi Balajee Devsthan and for ensuring that the entry to the Temple is much more easier and comfortable and the exist from the Temple after the pilgrimage is over is equally smooth. The parties, however, want some more time to suggest agreed names for the proposed membership of the aforesaid Board. In view of the ensuing Shrabani Mela, however, the parties submit that some urgent measures are required to be taken, till we constitute the Board and had over the management to it.
(2.) AFTER hearing the parties accordingly, more particularly taking in view the submissions and suggestions of the learned Advocate General, we pass the following order : - - (i) Till we nominate and constitute a full -fledged Management Board, we direct that even while the Deputy Commissioner, Deoghar, shall continue to function in his present status and capacity as the Trustee/ Receiver /Administrator, for the more efficient and better management of the Temple, a Committee comprising of the Deputy Commissioner. Deoghar, the Superintendent of Police, Deoghar, and an Additional District Judge. Deoghar (to be nominated by the District Judge, Deoghar) is hereby constituted. This Committee shall oversee and monitor the management of the Temple. The Deputy Commissioner, Deoghar, shall act and function as ex -officio Convener of this Committee. (ii) At least one dozen donation boxes of appropriate size shall be place at vantage points within the Temple complex with prominent inscriptions written thereupon that the devotees shall put their donations/offerings in these boxes alone. Similarly, at about a dozen prominent places of the Temple complex, prominent writings in bold letters shall inform the devotees/pilgrims that they should put their offerings and donations in the Donation Boxes only as these offerings/donations are meant to be utilised for the development of the Temple Complex and for improvements in the arrangements/ facilities to the pilgrims themselves. (iii) We are told that at present there is only one door leading to the Temple, which is used for both the entry as well as exit points. We are also informed that some steps were taken in the past for exploring an idea of having another door and that the representation of IIT, Kanpur, and the officials of the Archaeological Survey of India were engaged for this purpose. We direct the Deputy Commissioner. Deoghar, and the aforesaid Committee to immediately once again re -initiate the aforesaid project and to take steps in the aforesaid direction. The Deputy Commissioner, on the next date, shall file his personal affidavit informing us about the result of such steps. It is our order and direction that all efforts must be made immediately to open another door in the Temple, subject to the feasibility aspect thereof, and by ensuring that the archaeological, architectural and aesthetic aspects are properly maintained and not compromised. (iv) Henceforth, with immediate effect, no Priest by whatever name he is or may be called, be it Pandit/Pujari/Panch shall be allowed entry in the Temple for any purpose except upon regulation by the aforesaid Committee. In other words, the Committee shall regulate the entry of the Priests for accompanying the pilgrims for offering Puja and it shall be for the Committee to evolve the modus operandi of such arrangements for regulating such entry. (v) Proper accounts shall be maintained of all offerings/donations in the Temple. Offerings/donations shall be deposited in an Account specifically opened for this purpose with a Nationalised Bank to be operated by the Deputy Commissioner, Deoghar, if not already done. (vi) The Committee shall ensure that all the donation -boxes installed in the Temple Complex and the donations received therein are properly protected and safeguarded. For this purpose, we hold the Superintendent, of Police, Deoghar, responsible for deployment of necessary police force. We are informed that Title Suit with respect to the aforesaid Temple is pending in a civil Court at Deoghar. These directions are issued by us, notwithstanding the pendency of the aforesaid Title Suit or any order passed therein by the civil Court in the said suit. Let, the matter appear on 1st June, 2001. Let, a copy of this order be given to the learned Advocate General. Order accordingly.;


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