V.K.GUPTA, C.J. - (1.) THIS writ application under Article 226 of the Constitution has been filed by Shri Ajit Kumar petitioner, an Advocate of this Court with respect to the Management and improvements in the Administration of Shri Baidyanath Temple in Deoghar. Following reliefs have been prayed for in the writ application : - - "(i) That in the instant writ application which is being filed in the nature of Public Interest Litigation the petitioner prays for appropriate directions commanding upon the respondents to make proper improvements in the administration beautification and other arrangements in the Baidyanath Temple similar to which has been done at other religious places like in the temple of Lord Balajee Temple, Tirupathi or in the temple of Mother Goddess Vaisno Devi considering the facts that the present day situation prevailing in the temple of Baba Baidyanath at Deoghar is really pathetic as if no improvements or any development has been made in the said temple for the years together. And/or (ii) The petitioner further prays for appropriate directions commanding upon the respondents or directing them to formulate a concrete scheme for the improvements and developments of the Baba Baidyanath Temple. Deoghar under the guidelines, control and supervision of the Deputy Commissioner, Deoghar (who is also the Trustee and is supposed to know all facts, loopholes, difficulties and situations prevailing in the administration and conditions of the Baba Baidyanath Temple) for executing the said scheme which may be prepared by the respondent/respondents under the directions of this Honble Court within a stipulated time so that the crores of pilgrims who are likely to reach in the coming season of Shravan may be benefitted. And/or (iii) The petitioner further prays for appropriate directions commanding upon the respondent No. 1 the State of Jharkhand to completely take over the matters of Administration. Maintenance and Development of the Baba Baidyanath Temple, Deoghar considering the present day conditions of the temple (which are being narrated in the below mentioned paragraphs) and to fix entire responsibility upon any responsible authority or the Deputy Commissioner. Deoghar so that there should not be any sort of laches and deterioration of the conditions of the temple may be checked. And/or (iv) The petitioner further prays for any other or further directions which your Lordships may deem fit in the facts and circumstances of the case."
(2.) IT is submitted by the petitioner that the history of the Temple of Baidyanath dates back to ancient times and according to the tenets of Hindu Religion and the Traditions of Shiv Puran and Padama Puran. the origin of the Temple and its history are traceable to Treta Yug. It has been submitted that despite the provisions contained in Bihar Hindu Religious Trusts Act. 1950, the management of the Temple has not been carried on in accordance with established norms. Various orders were passed by this Court from time to time during the course of the proceedings in this case. Two applications for intervention also came to be filed by two sets of proposed Intervenes: one by Dharma Rakshani Sabha, through its General Secretary, Shri Durlav Mishra and the other by what has been styled as the Committee of the Management of Baidyanath Temple" (This application has been filed through Shri Krishna Nand Jha who has also filed the supporting affidavit).
(3.) ON 7.5.2001, in our order, while dealing with various aspects of the matter, we had observed that the parties generally agreed that even while the Deputy Commissioner, Deoghar, should continue to function in his presents status of Trustee, there was an imperative need to appoint a broad based Management Board. Accordingly based on our observations in that order that till we nominate and constitute a full -fledged Management Board, we passed an order and issued a direction that, even while Deputy Commissioner, Deoghar would continue to function in his present status and capacity as the Tnast.ee or Receiver/Administrator for more efficient and better management of the temple a committee comprising of the Deputy Commissioner. Superintendent of Police, and District Judge, Deoghar should be constituted. Various other directions were also issued in that order.;