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DEVENDRA KUMAR UPADHYAYA, ARIF S. DOCTOR
Shaila Madhukar Gore – Appellant
Versus
Union of India through Secretary, New Delhi – Respondent
JUDGMENT :
DEVENDRA KUMAR UPADHYAYA, J.
(A) Background Facts:
(i) Prayers in the Writ Petition
(ii) Submissions on behalf of the Petitioners
(iii) Contentions of the Respondents
1. Heard the learned Counsel representing the respective parties and perused the records available before us on this writ petition.
2. Invoking our writ jurisdiction under Article 226 of the Constitution of India this petition in public interest has been filed by the Petitioners expressing their concern about protection and preservation of Vithal-Rukumai/Rukhmini Temple, Vaidyawadi, Thakurdwar, Girgaum, Mumbai claiming that it is an ancient temple which is over 200 years old and thus, the same needs to be protected as a monument of historical importance. The petition has been filed with further assertion that the temple is associated with historical events. It has been submitted by the learned Counsel representing the Petitioners Mr. Halwasia that between 1888 and 1897 AD, Chaffekar Brothers, the revered freedom fighters used to visit the temple and even organized their activities from there. Mr. Halwasia also stated that other freedom fighters such as Lokmanya Bal Gangadhar Tilak and Mahadev Govind Ranade and man
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