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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj - Appellant
Versus
Kamlesh Sharma - Respondent
FAO 36 of 2021 & CM Appls. 2914 of 2021, 10442 of 2021, 10444 of 2021 with CM(M) 323 of 2021
Decided On : 16-07-2021




Court emphasized coordinated judicial oversight for effective management of public places of worship, highlighting cleanliness and accountability amidst multiple ongoing litigations.

Headnote:(A) Civil Procedure Code, 1908 - Order 39 - Interim relief - Appointment of Court Receivers for assessment during the bari period amid COVID-19 - Delay in filing applications for review and modification condoned - Directions issued for maintaining proper accounts and cleanliness at the Kalkaji Mandir - All baridars to be represented for effective orders to avoid multiplicity of proceedings. (Paras 21-26)

(B) Jurisdiction of the Court - Importance of timely compliance in matters concerning public places of worship and the need for coordinated judicial oversight among various pending litigations related to the same subject matter. (Para 24)

Facts of the case:
The matter pertains to various applications filed in relation to the Kalkaji Mandir, specifically addressing the appointment of receivers, compliance affidavits for donations, and the overall management of temple activities under challenging conditions due to the pandemic.

Findings of Court:
The court emphasizes the necessity of maintaining cleanliness and civic amenities for devotees visiting the temple, acknowledging that current conditions are unsatisfactory.

Issues: The court addressed issues concerning the management of puja sewa rights, the need for a re-development plan for the temple, and the appointment of receivers to ensure accountability during the donation collection period.

Ratio Decidendi: Effective orders are essential for coordination among various ongoing litigations regarding the temple, ensuring that the rights of all stakeholders, including baridars and public access, are duly considered. The court also highlights the importance of timely compliance with orders to achieve desired outcomes.

Result: The matter was listed for further hearing on 3rd August 2021.

Table of Content
1. determination of procedural applications and appointments. (Para 2 , 3 , 4 , 5)
2. court receivers appointed for collection assessment. (Para 6 , 7 , 8 , 9 , 10)
3. dispute over puja conducting rights and apprehensions. (Para 11 , 12 , 13)
4. issues related to cleanliness and civic amenities. (Para 21 , 22 , 23 , 24)
5. directions for effective case management and compliance. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32)

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.

CM. APPLs.20947/2021, 20948/2021, 20950/2021, 20951/2021 in CM(M) 323/2021 (for exemptions)

2. Allowed, subject to all just exceptions. Applications are disposed of.

CM. APPL.20946/2021 (for condonation of delay) in CM(M)323/2021

3. This is an application for condonation of delay in filing the review application. For the reasons stated in the application, delay in filing the review is condoned. Application is disposed of.

CM APPL. 20904/2021 (for modification) in FAO 36/2021

4. Issue notice. Mr. Qayam Ud Din, ld. Counsel, accepts notice.

5. Let reply be filed within one weeks. Rejoinder be filed before the next date of hearing.

CM APPL. 14178/2021 (for appointment of Court Receivers) in CM(M) 323/2021

6. Vide order dated 16th April 2021, read with the Corrigendum to the same, court receivers were appointed in this matter for a period from 17th April 2021 till 22nd/23rd April 2021, i.e., for the period of the Shashmahi Bari, in order to assess the offerings and donations as also the tehbazari rights. However, as recorded in the order dated 10th May 2021, due to the second wave of the COVID-19 pandemic, the directions which were given to the court receivers could not be given effect to.

7. In view of the same, the Respondent No. 1 was directed to place on record the complete records of their collections during the period of the said bari i.e., 24th/25th March 2021 to 22nd/23rd April, 2021, before this court.

8. A compliance affidavit to that effect has been filed by Respondent No. 1. The court shall consider the same on the next date of hearing.

9. Copy of the affidavit be served on all the ld. Counsels who may file a response, if any, within one week. Rejoinder, thereto, if any, be filed before the next date.

CM. APPL.20945/2021 (for review/modification of the order dated 16th April 2021) and CM. APPL. 20949/2021 (for appointment of receiver) in CM(M) 323/2021

10. These are applications moved by the Respondent No. 1 - Mahender Kumar Pandey, for review/modification of the order dated 16th April 2021, and for fresh appointment of Court receivers in the forthcoming bari commencing on the midnight of 19th and 20th July 2021.

11. Mr. Thakur, ld. Counsel for the Petitioner, submits that repeated orders have been passed in favour of his client by the trial courts, holding that the monthly bari would be an exclusive bari of his client - i.e., Mr. Bishan Swaroop.

12. Mr. Deb, ld. Counsel however expresses his apprehension that the bari would be sold and Mr. Bhardwaj is likely to conduct puja sewa and collect the offerings. Mr. Thakur refutes this submission and submits that Mr. Bishan Swaroop himself will be conducting the puja.

13. Accordingly, issue notice in these applications. Mr. Thakur, ld. counsel accepts notice.

14. Let replies be filed within one week. Rejoinders, thereto, be filed before the next date of hearing.

15. In the meantime, Ms. Manmeet Arora, Advocate (M: 9811333871) is appointed as the Local Commissioner in this matter. The Local Commissioner shall pay surprise visits to the Kalkaji Mandir at least twice during the next ten days, in order to ascertain as to who is conducting the puja sewa and who is collecting the offerings which are being put into the donation boxes and being given during the puja sewas. The Local Commissioner shall also report on any other relevant issues relating to the temple and temple complex, bearing in mind her earlier report including the cl




















































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