The Calcutta High Court has directed the District Magistrate, Purba Bardhaman to pass an appropriate order in accordance with law on the misuse of temple land by private respondents for their own purpose.
The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj disposed of a Public Interest Litigation (PIL) filed by Uttam Pramanik and another raising issue that the Deity Vishalakshmi Devi having existence in temple at village Amtara (District-Purba Bardhaman) is having certain agricultural land and the temple in question is a public temple but the agricultural land is being utilised and misused by private respondents for their own purpose instead of serving the deity from the proceeds of the said land.
When the matter was taken up, it was pointed out by the counsel for petitioners that the representation dated 29.10.2019 has already been preferred to the District Magistrate, Purba Bardhaman but no action on the said representation has been taken.
The Counsel for the State has pointed out that one of the private respondents had filed a suit which was dismissed in default and has submitted that the dispute is of civil nature.
Considering the grievance which has been raised by petitioners, the Bench opined that at the first instance, the District Magistrate, Purba Bardhaman can duly look into the issue by giving the concerned parties an opportunity of hearing and if he finds that the dispute is of civil nature and the remedy is before the civil court, then he will duly direct the parties accordingly. If he reaches any other conclusion then, we will be at liberty to pass an appropriate order in accordance with law.
“Let this exercise be completed as expeditiously as possible, preferably within a period of 3 months from the date of receipt of a copy of this order. Accordingly, the petition is disposed of,” the order reads.