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2025 DAILYLAW 26561 (DEL)

SHIV MANDIR SEWA TRUST THROUGH ITS TRUSTEE SH. KAMAL RANA & ORS. v. THE DEPUTY COMMISSIONER OF DELHI POLICE & ORS.

W.P.(CRL)/3735/2023 · 2025-03-25

Sanjeev Narula

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3735/2023 SHIV MANDIR SEWA TRUST THROUGH ITS TRUSTEE SH. KAMAL RANA & ORS. .....Petitioners Through: Appearance not given. versus THE DEPUTY COMMISSIONER OF DELHI POLICE & ORS. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Advocate for the State. SI Jeetendra Kr., PS: Mukherjee Nagar. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 25.03.2025 1. The present petition has been filed by Shiv Mandir Sewa Trust and its trustees on account of the rejection of their request by Respondent No. 1 to celebrate Krishan Janmashtmi at Shiv Mandir, Munsi Ram Colony, Dr. Mukherjee Nagar, Delhi. The Petitioners have also levelled allegations against Respondents No. 4 to 7, stating that these private parties, at the instance of Respondents Nos. 2 and 3, barge into the said temple and create nuisance specifically targeting the Petitioners and other trust committee members. 2. On the aforenoted aspect, the State has filed a status report stating as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:09:45 “The present writ petition is filed by the petitioner to provide security to the Petitioners so that the Puja's and other ceremony for the forth coming festivals can be held peacefully without any interference at Shiv Mandir Munshi Ram Colony ,Dr. Mukherjee Nagar Delhi and to give direction to Police officer to take legal action against the private respondent. In this regard it is submitted that on 06/8/23 a PCR call vide DD No.30A regarding “ CALLER NE BATAYA KI YHA KUCH LOGO NE MANDIR KA BOARD UTAR KAR FEK IDYA HAI NEED POLICE.” and another PCR call vide DD No. 31A regarding “ CALLER LADY BOL RAHE HAI KI MANDIR KE UNDR TOD FOD KAR RHE HAI PUBLIC 30-40 KI SANKHYA MAI MANDIR KE UNDAR GHUS GAYE” came in Ps Mukherjee Nagar and after enquiry it is found that some resident of Munshi Ram colony tried to hang board of their trust on the walls of Shiv Mandir Munshi Ram Colony and some of them oppose it.Because of the said act the matter got aggravated and both party settled the matter in the police station . Caller of both PCR call namely (Devdutta Pandey and Niharika Sharma) have given in writting that they do not want any legal action against each other.( Copy of settlement attached.). As per the PCR call and enquiry no cognizable offence is made out and the both PCR call are filed. Both parties have filed complaint against each other which were filed. It is pertinent to mentioned here that One Trust namely Shiv Mandir Sewa Committee at Munshi Ram Colony,Dr. Mukherjee Nagar and another Trust Shiv Mandir Sewa Trust at Munshi Ram Colony,Dr. Mukherjee Nagar always tried to celebrate festivals separately in the Shiv Mandir, Munshi Ram Colony to hold their Supremacy. Keeping in view the sensitivity of matter the permission for celebration of Krishan Janmashtmi on 06/9/23 was not given to the Petitioner (Shiv Mandir Sewa Trust at Munshi Ram Colony, Dr Mukherjee Nagar ,Delhi) in 2023. If pennission was granted to them there will be heavy law and order problem in the area. In 2024 again both trust applied for celebration of Janmashtmi at Shiv Mandir Munshi Ram Colony and permission for celebration of Janmashtmi was cancelled by DCP/NW due to law & order issue. However police is ready to abide by the order of the hon’ble court.” 3. The status report makes it clear that there is an ongoing dispute between members of two trusts, namely, Shiv Mandir Sewa Committee; and Trust Shiv Mandir Sewa Trust, with both trusts trying to celebrate festivals separately in the Shiv Mandir in order to establish their supremacy. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:09:45 Considering these factions, the Court is of the opinion that the denial of permission to the Petitioners does not call for any interference. 4. In any event, the request for grant of permission, which is the subject matter of the present petition, pertains to the year 2023. It is noted that even in the subsequent year in 2024, both the trusts had applied for permission to celebrate Janmashtmi at the temple, however, their request was again declined on account of law-and-order issues. 5. In light of the foregoing, since the matter essentially pertains to a dispute between the trustees of two different trusts, apparently intending to establish their supremacy, the impugned decision declining their request to conduct celebrations at the Shiv Mandir calls for no interference by this Court. 6. Dismissed. SANJEEV NARULA, J MARCH 25, 2025 d.negi This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 26/03/2025 at 14:09:45