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Judgment
Sanjay Kumar Dwivedi, J
Heard Mr. Abhay Kumar Mishra, the learned counsel for the petitioners and Mr. Ashwini Bhushan, the learned counsel appearing for the respondent
State.
This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to
COVID-19 pandemic.
Mr. Abhay Kumar Mishra, the learned counsel appearing for the petitioners submits that power under Article 226 of the Constitution of India has been
invoked by the petitioner in view of the fact that the Gate in question is within the premises and the land of the Surya Temple, Lohardaga. He submits
that there is no nuisance created by the management of the said Temple. He further submits that proceeding under section 133 Cr.P.C was
unwarranted and the authority concerned has wrongly invoked that jurisdiction.
Mr. Ashwini Bhushan, the learned counsel appearing on behalf of the respondent-State accepts notice on behalf of the respondent nos.1,2,3 and 5.
Let notice be issued upon the respondent nos.4 and 6 by registered post with A/d as well as under ordinary process, for which requisites etc. must be
filed within two weeks.
I.A. No.3191 of 2021 has been filed for staying the notice dated 01.07.2021 whereby a notice for demolition of the said Gate has been issued.
As this writ petition is pending and the notice has been issued upon the respondents, in that view of the matter, there shall be stay of Notice dated
01.07.2021 till the next date.
The respondents shall also respond to the said I.A within the aforesaid period.
The respondent-State has already filed counter affidavit.
Post the matter on 25.10.2021.