JUDGMENT :

ARUN MISHRA, J.

1. Leave granted.

2. The petition pertains to famous Mahakaleshwar temple, Ujjain. The appellant has impugned the judgment and order passed in Writ Appeal No.37/2014 by the Division Bench of the High Court of Madhya Pradesh at Indore thereby setting aside the order passed by the Single Bench on 4.12.2013 in W.P. No.10712 of 2013.

3. Mahakaleshwar is an ancient temple of Lord Shiva. In order to understand the importance of the Lingam it is necessary to consider it, in brief, the history of Mahakal – Shiva, worshipping of statues and Lingam, origin of Mahakal, same as defined in scriptures etc. as pointed out in the reply of Mahant Prakash Giri of Shri Panchayati Akhara Mahanirvani is as under:

“BRIEF HISTORY OF MAHAKAL SHIVA

Since ancient times in Hindu culture definitions are found in name of Shiva, Pasupati, Rudra, Ishaan, etc. Undoubtedly, the Vedas are the only authentic and wellbeing book of Hindu religion, when and where it was created it is matter of search. But it can be said that at least 5000 years ago, it was in complete existence.

Shiva is the