Shree Sankat Mochan Hanuman Mandir Sewa Trust,Thr. President Satyendra G. Mahto v. The State Of Maharashtra, Thr. Its Secretary, Home Dept. Mumbai

1 W.P.No.3423.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3423 OF 2021 Shree Sankat Mochan Hanuman Mandir Sewa Trust, Nagpur through its President, Satyendra Govind Mahto, ..VS..

The State of Maharashtra, through its Secretary, Home Department, Mantralaya, Mumbai and Ors., --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri P. S. Wathore, Advocate for petitioner.

Shri A. A. Madiwale, A.G.P. for respondent No.1. CORAM : SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED : 08.09.2021 Heard.

2.

The grievance of the petitioner is that although, the structure of Hanuman temple which is sought to be demolished by the respondents is not a heritage structure, it has historical importance, as seen from the communication dated 31.03.2021, issued by Assistant Director, Archaeology Department, Government of Maharashtra. It is also submitted that this structure being very old, having historical importance, could not have been proposed to be demolished.

3.

On going through the impugned communication dated 21.08.2021, it is seen that Hanuman temple has

2 W.P.No.3423.2021 been established by constructing a tin-shed and the photographs annexed to this petition also show that Hanuman temple comprises some walls and tin-shed and by no stretch of imagination, it could be considered to be a structure akin to heritage structure or structure having any historical importance.

4.

The communication dated 31.03.2021, issued by the Archaeology Department of State of Maharashtra, shows that it refers to a canopy like structure built during the reign of Bhosala's, the erstwhile Kings of Nagpur and it does not make any mention about a structure of tin-shed housing Hanuman temple. 4.

The petitioner does not have any document to show that he is having interest or title in the subject property. There is also no sanction plan filed on record by the petitioner.

5.

In the result, this petition cannot be entertained and it stands dismissed. No costs.

JUDGE JUDGE Kirtak