DB dismiss the PIL as petitioner pray for withdrawal of the PIL
JKUT (Jammu), August-02-2024- A Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta dismissed the PIL regarding protection of the ancient Hindu temples in the UT of J&K as petitioner prayed for withdrawal of PIL.
When the PIL came-up for hearing, Division Bench after hearing Adv Manik Bhardwaj and petitioner Gautam Anand appear in person whereas DSGI Vishal Sharma appearing for the Union of India and Sr. AAG SS Nanda appearing for the UT, observed that the instant public interest litigation has been filed by the petitioner, averring therein that the petitioner is a social activist in the UT of Jammu and Kashmir and has always discharged his duties and obligations towards the betterment of the public. It is submitted in the PIL that the respondents have failed to discharge their duties regarding protection and welfare of the ancient Hindu temples, situated in the UT of J&K and the petitioner approached the Govt. authorities number of times with written representations with regard to the steps taken for renovation, reconstruction, protection of the ancient Hindu temples in the UT of J&K, but the respondents have not considered the same and thus, the petitioner has filed the instant PIL. The petitioner seeks a direction to the respondents to take appropriate recourse to protect, rebuild, renovate the ancient temples of the UT of J&K and retrieve the land of the temples encroached by the Mafia and other property dealers.
DB observed that in this PIL the petitioner has not mentioned about any instance which shows that the properties of the temples have been encroached by Mafia.
At this stage, the petitioner present in person along with his counsel, pray for withdrawal of the PIL with liberty to file a fresh detailed representation before the authorities concerned. Their statement is taken on record.
DB accordingly, dismissed the PIL as withdrawn with the liberty as prayed for. On receipt of the aforesaid representation, the authorities concerned shall consider and decide the same within a period of four weeks from the date of filing of the same, failing which the petitioner shall be at liberty to re-agitate the matter before this Court.