HC disposes off petition seeking proper utilization of funds, shrine board for Machail Mata

02/05/2024

JAMMU, May 1: The High Court of J&K and Ladakh at Jammu comprising of Justice Wasim Sadiq Nargal has disposed of a petition filed by M/s Sarv Shakti Sewak Sanstha, J&K through its President;Nek Ram Manhas,S/O Late. Sh. Devi Saran,R/O Atholi (Padder),Tehsil Atholi, District Kishtwar and Prehlad Singh,S/O Sh. Ram Nath,R/O Atholi (Padder)Tehsil Atholi, District Kishtwar, through :- Mr. Nikhil Narayan Sharma, Advocate vice Mr. Ankur Sharma, AdvocateV/sUnion Territory of Jammu & Kashmir Through its Chief Secretary to Government, Civil Secretariat, Jammu/ Srinagar, Deputy Commissioner, District Kishtwar, J&K, Sub-Divisional Magistrate, Padder, District Kishtwar, J&K and Divisional Commissioner, Division Jammu, J&K through :- Ms. Aparna Gupta, Advocate vice Mrs. Monika Kohli, Sr. AAG.
Justice Nargal disposed the petition on the count that the petitioner is satisfied with the response of the respondents that they are utilizing the funds for the maintenance of Machail Mata Shrine as well as to provide basic facilities to the pilgrims during the Yatra strictly in tune with the judgment passed by this court in the aforesaid PIL and not even a single penny has been utilized for any other purpose. The Court observed that petitioner is is satisfied with respect to the steps being taken by respondents which are in the interest of public at large.
It may be mentioned that petitioner had filed the writ petition alleging interference causing by the Respondents in performing puja-archana in the premises of Machail Mata Shrine, embezzlement of funds by the Respondents, which are supposed to be utilized for the purpose of maintenance of Machail Mata Shrine as well as for the management and administration of Machail yatra, Honorarium that has not been sanctioned/released since last four years in favour of the devotees/workers (staff) of sarv shakti Sewak sanstha as well as educational/teaching staff of Sarv Shakti Shiksha Niketan Schoo, Huge chunk of blankets has been obtained from Sarv shakti Sewak sanstha for establishment of quarantine centre at Kishtwar. The same has neither been returned nor been compensated.
The counsel appearing on behalf of the respondents has drawn the attention of this court to the fact that a writ petition in public interest came to be preferred before the Division Bench of this court which has been registered as PIL No. 24/2018 high-lighting several financial irregularities and illegalities onlarge scale regarding maintenance and management of Mata Machail Shrine as well as its organization of annual yatras and the court vide judgment dated 25.02.2022 disposed of the aforesaid PIL with the direction to the Union Territory to explore the possibility of a legislation in consonance with acts enacted for the management and governance of similar shrines in the Union Territory of the country elsewhere besides directing the Government to take a positive call without any delay in right earnest as early as possible by bringing appropriate legislation and till such time any arrangement in the manner indicated above was enforced, the Government was directed to entrust the entire management of the shrine in question to one of the shrine boards existing in the Union Territory in context with the other temples/shrines.
" The respondents have filed a detailed reply which has been supported by the affidavit of Deputy Commissioner, Kishtwar, which reveals that the funds have been utilized purely for the maintenance of Machail Mata Shrine as well as management and administration of Machail Yatra and for providing the basic facilities to the Pilgrims during the Yatra strictly in tune with the judgment passed by this court mentioned supra and not even a single penny has been utlizised for any other purpose. Thus according to the learned counsel appearing on behalf of the respondents the allegations leveled by the petitioners in the instant petition regarding embezzlement are totally false and baseless.
The perusal of the reply further reveals that a detailed proposal amounting to Rs. 40.00 lakhs for clearing pending liabilities and further salaries/honorarium pertaining to the staff engaged for the facilitation andassistance of the management of Yatra and the staff engaged in the School run by Sanstha was placed before this court through Divisional Commissioner, Jammu for consideration." the Court observed.
The High Court further observed and directed as follows: "the counsel appearing on behalf of the petitioners fairly submits that in the light of the stand taken by the respondents, he does not intend to prosecute the petition any further as the grievances which has been projected by the petitioners in the instant writ petition stand redressed which is evident from bare perusal of reply affidavit filed by the respondents and thus, he has instructions not to prosecute the petition any further. The petitioners are only concerned with respect to the compliance of the traditional customs and rituals involving performance and conduct of puja-archana in the premises of Machail Mata Shrine.
22. Learned counsel appearing on behalf of the petitioners further submits that since the respondents have filed a detailed affidavit highlighting the strict compliance of the judgment passed by this court in PIL no. 24/2018 and also they are utilizing the funds for the maintenance of Machail Mata Shrine as well as to provide basic facilities to the pilgrims during the Yatra strictly in tune with the judgment passed by this court in the aforesaid PIL and not even a single penny has been utilized for any other purpose, he is satisfied with respect to the steps being taken by respondents which are in the interest of public at large. Thus, in the light of the aforesaid stand taken by the respondents, the petitioners seek withdrawal of the instant writ petition as the grievances which have been projected in the instant petition stand redressed.
23. In the aforesaid backdrop and in the light of the statement made by the learned counsel appearing on behalf of the petitioners, the proceedings in theinstant writ petition are closed and the writ petition is disposed of having rendered infructuous along with all connected applications in the light of the stand taken by the respondents in the manner indicated above.”

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