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Petition against SMVDSB dismissed as un-maintainable
2/17/2015 11:34:28 PM
Jammu, Feb 17: In a petition filed by one Vikas Dhawan seeking direction to Shri Mata Vaishno Devi Shrine Board to permit and ensure the use of only 100% Herbal Kumkum/Sindoor made of traditional and safe ingredients for applying Tilak on the forehead of devotees and also seeking permission to sell Pooja Samagri containing 100% Herbal Kumkum/Sindoor made of traditional and safe ingredients in all relevant shops as an essential part of the Bhaint items offered to Mata Vaishno Dev Ji, Justice Bansi Lal after hearing petitioner in person whereas Sr. Advocate DC Raina with Adv Anil Verma appearing for the SMVDSB observed that it was held by the Division Bench that Shri Mata Vaishno Devi Shrine Board has been constituted under a statute and in absence of any control of the Government it cannot be said to be "State" or an "authority" within the meaning of Article 12 of the Constitution of India. It was further held that writ petition for enforcement of fundamental rights against the Shrine Board would not be maintainable.
Justice Bani Lal Bhat further observed that the dictum of law is loud and clear that Shri Mata Vaishno Devi Shrine Board, not being an instrumentality of the State, is not amenable to the writ jurisdiction of this Court. That being so, the instant writ petition is held to be not maintainable and is, dismissed. (JNF)
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