Shamrao Kisan Bharadi @ Jogi @ Gaikwad And Other v. The State Of Maharashtra And Others

1 958-CrWP-1538-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CRIMINAL WRIT PETITION NO.1538 OF 2021 SHAMRAO KISAN BHARADI @ JOGI @ GAIKWAD AND OTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS .....

Mr. Suresh P. Salgar h/f Mr. Niteen V. Gaware - Advocate for the applicant Mr. G. O. Wattamwar - APP for respondent/State .....

CORAM : MANGESH S. PATIL AND M. M. SATHAYE, JJ.

DATED : 23.03.2023 PER COURT : - .

Heard both the sides.

2.

The petitioners claim to be the hereditary poojaris of temple trust. Their right of offering prayers is being obstructed by the trustees. The matter is pending before the Civil Court. The Civil Court has granted interim relief in favour of the petitioners. Even on previous occasion, not only the Civil Court but even this Court had directed the police authorities to provide protection by imposing necessary charges so that the petitioners perform pooja as is directed by the Civil Court.

2 958-CrWP-1538-2021.odt 3.

It appears that, time and again the petitioners have to approach either the Civil Court or this Court just for seeking directions to the police authorities to provide police protection for exercising their rights in respect of which there is an interim relief granted by the Civil Court which is pending. It is unbecoming of police machinery to make the petitioners approach the Courts again and again for the same relief in spite of the fact that the petitioners are ready to bear the expenses. 4.

We dispose of the petition by directing the respondent nos. 1, 2 and 3 to provide the police protection strictly to enable the petitioners to reap the benefit of the orders passed by the Civil Court by imposing necessary charges. The respondents no. 1 to 3 shall inform the petitioners necessary expenses within one week. [ M. M. SATHAYE ] [ MANGESH S. PATIL ] JUDGE JUDGE SGP