Relief sought against a Registered Society| A matter of civil dispute cannot be adjudicated by way of Article 226

Uttaranchal High Court: A Single Judge Bench comprising of Manoj K. Tiwari, J. dismissed a writ petition on account of it being a civil dispute.

The petitioner was a Dimri (Brahmin) having a customary right of vriti (worship) at Sri Badrinath Ji temple who was denied the right to discharge religious obligation on the ground that he was not eligible to perform vriti at Laxmi Aatka and Garud by the order of respondent.

Owing to the nature of relief sought, the Court was of the view that the respondent being a registered society the matter brought before it was a civil dispute adjudication of which was not permissible in view of the law laid down in Swati Ferro Alloys (P) Ltd. v. Orissa Industrial Infrastructure Development Corpn., (2015) 4 SCC 204 and Jacky v. Tiny, (2014) 6 SCC 508.

Accordingly, in lieu of Article 226 of the Constitution of India, the Court cannot exercise its powers and consequently, the writ petition was dismissed. [Govind Ballabh Dimri v. Sri Badrinath Kedarnath Temples Committee,2018 SCC OnLine Utt 956, decided on 28-11-2018]

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