01Facts
The petitioner, who operated Kings Restaurant at Mudgal Payga, Jagtap Ki Goth, Gwalior, sought directions concerning the identification and status of a nearby temple and the effect of its proximity on his application for an FL-2 licence.
pp. 1–2He contended that the temple he identified as Radha Krishna Mahadev Temple was distinct from Shri Radhakrishan Mahadev Temple recorded in the Mafi Aukaf Register, which the respondents relied on in support of their action.
pp. 1–2The State relied on the register and a spot inspection/Panchnama dated 30 January 2026, which recorded a temple approximately 30 metres from the restaurant.
pp. 1–2The petitioner filed this petition under Article 226 of the Constitution.
pp. 1–202Issues
i.Whether the temple approximately 30 metres from Kings Restaurant was the same temple recorded as Shri Radhakrishan Temple in the Mafi Aukaf Register, or a distinct temple identified by the petitioner as Radha Krishna Mahadev Temple.
p. 3ii.Whether the temples’ identities and their respective distances from the restaurant required fresh verification by the competent authority before the respondents’ action could be conclusively assessed.
pp. 3–403Law Applied
The Court exercised its jurisdiction under Article 226 of the Constitution to direct the competent authority to verify material factual matters relevant to the challenged administrative action.
pp. 1, 3–5It required the authority to consider relevant official records and conduct a proper spot inspection where necessary, provide the parties a reasonable opportunity to present their claims and supporting material, and issue a reasoned and speaking order.
pp. 1, 3–5The Court referred to applicable legal provisions and rules governing the matter but did not specify or interpret them; it cited no precedent.
pp. 1, 3–504Reasoning
The competing descriptions of the temple and the respondents’ reliance on the Mafi Aukaf Register and the Panchnama left unresolved whether the temple near the restaurant was the registered temple or a different one.
pp. 2–5Because both the temple’s identity and its distance from the restaurant were material to the respondents’ action, the Court considered that the existing material did not warrant a final conclusion.
pp. 2–5It therefore directed a comprehensive verification using the register, Panchnama, relevant maps and departmental records, together with a spot inspection if required, and required measurement particulars and the parties’ submissions to be recorded in a reasoned order.
pp. 2–505Holding
The Court disposed of the petition without deciding the temples’ actual identity or legal status, the applicability of distance restrictions, or the petitioner’s entitlement to an FL-2 licence.
pp. 4–6It directed the competent authority to identify and verify the temples, determine and record their respective distances from Kings Restaurant, hear the petitioner and respondents, and pass a reasoned order within eight weeks of receiving a certified copy of the order.
pp. 4–6The respondents must then act or reconsider their action, as applicable, in accordance with law and the authority’s findings.
pp. 4–6Pending interlocutory applications were also disposed of.
pp. 4–6Original Court PDF
Dilip ShivharevsThe State Of Madhya Pradesh
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