ORDER

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :- I. Issue a writ in the nature of Mandamus to the Respondent No.2 to constitute a committee of three members for conduction of an inquiry within a period of 1 month for the performance of Pooja Archana, welfare, protection, prevention of encroachment and sale of the property of Hanuman Mandir, situated in Village Bagoura, PSand Tehsil Jatara, District Tikamgarh (M.P.)II. Issue a writ in the nature of Mandamus to the Respondent No.2 to grant an opportunity of hearing to the petitioner.

III. Issue a writ in the nature of Mandamus to the Respondent authorities to protect the life, limb and property of the petitioner and from false implication in false cases.

IV. Issue any other appropriate writ/ writs, order/ orders or direction/directions, which this Hon'ble Court deems fit and proper may also be passed in the interest of justice and looking to the facts and circumstances of the case.

2. It is submitted by counsel for petitioner that there is a temple of Hanumanji, which was in a dilapidated condition and he got it repaired with the help of villagers.

Some unscrupulous persons have put a lock on the temple and the petitioner has been deprived of his right to manage the temple as the lock has been put with a conspiracy to remove the petitioner from the management of the temple.

3. Paragraph 5.1 of the writ petition reads as under :- "According to the case of the Petitioner, he is the resident of Village Bagoura, PS and Tehsil Jatara, District Tikamgarh(M.P.), where in his Village Bagoura Hanuman Temple is situated where Villagers perform Pooja Archana and appertent to the Temple and its property, there is Government Land adjoining to the Temple, where about 6-7 years the petitioner is doing Pooja Archana in the Temple and as the Temple was in a dilapidated condition and with the help of Villagers during the passage of time essential construction has been made and the facility in the temple was increased and was made updated and some of the villagers were having eye on the petitioner and his work have conspired to remove the petitioner from the management of the temple and at the show of force the miscreants have put the lock and has prohibited the petitioner from performing prayer in the temple and has threatened that if they come to the temple, they will kill him and the persons are selling the property of the temple as well as Government Land and the miscreants are misusing the money of the temple for their own use."

4. During the course of arguments, the petitioner was unable to point out as to whether the temple in question is a public trust or a private trust or a private property.

5. Furthermore, it appears that the real intention of the petitioner is to hold his control over the temple. Although the counsel for petitioner has tried to justify the word "Management" by saying that the management means he was simply offering the prayers, but the submission made by counsel for petitioner cannot be accepted.

6. Furthermore, the petitioner has not impleaded the persons against whom he has made allegations.

7. Faced with such a situation, counsel for petitioner submits that he is not interested in the management of the temple and he would not claim even a single inch of the land pertaining to the temple but he simply wants that he may be allowed to offer prayer.

8. Thus, it is clear that the petitioner has taken a somersault and is now claiming that he would not claim any personal right in the temple.

9. The petition also suffers from non-joinder of necessary party.

10. Under these circumstances, when the petitioner has given up all his personal stakes in the temple, then in the considered opinion of this Court, the petition in the present form is not maintainable. He can maintain a petition in the form of PIL by also impleading the persons against whom he has made allegations.

11. Accordingly, the counsel for petitioner seeks pe