Sanjay Kumar Nishad v. State of U.P. and 3 Others

Court No. - 21 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2805 of 2023 Petitioner :- Sanjay Kumar Nishad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Antriksh Verma Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard Shri Antriksh Verma, learned counsel for the petitioner and Ms. Akanksha Sharma, learned Standing Counsel for the State.

¶2The instant petition filed by the petitioner, purportedly in public interest, seeks a direction to respondent Nos. 2 to 4 to make changes in the statue of King Nishad Raj and Lord Shri Ram so that it is similar to the photograph filed as annexure No. 2.

¶2The petitioner alleges that he is a public spirited citizen. In para 7, it is averred that he is Secretary of Veer Eklavya Samaj Seva Trust. The said trust is engaged in creating awareness amongst masses and in eradication of vices and superstitions. The statue in relation to which the instant petition has been filed is installed at Sringverpur Dham, Mouja-Singrore Uparhar, Tehsil-Soraon, District-Prayagraj.

¶3It is asserted in para 10 that King Nishad Raj is not depicted as a king in the statue. According to the petitioner, the statue is not according to the description of King Nishad Raj in Ramcharitmanas, scripted by Goswami Tulsidas.

¶4It is also alleged in para 12 that at other places, the statue is in hugging position and the petitioner and members of his community want that necessary changes should be made in the statue as otherwise, it is violation of their constitutional right to worship.

¶5In our opinion, the issue being raised cannot be decided in the present proceedings. It falls in the domain of the Executive. We are also not satisfied that any constitutional right of the petitioner or members of his community has been violated as is sought to be canvassed before us.

¶6The petition is, accordingly, dismissed with liberty to avail such other remedy as may be advised. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 6.12.2023 Mukesh Pal High Court of Judicature at Allahabad