RANCHI, India, Sept. 15 -- Jharkhand High Court issued the following order on aUG. 18:

1. The instant appeal is under Clause 10 of the Letters Patent directed against the order dated 07.02.2024 passed in W.P.(C) No.5523 of 2014 passed by the learned Single Judge of this Court, whereby and whereunder the learned writ court has quashed and set aside the order dated 17.07.2014 passed by Respondent No.2 in Misc. Case No.25 of 2000 and remanded the matter to the Respondent No.2 to reopen the proceeding of Misc. Case No.25 of 2000 and to pass an order under Section 10 of the Indian Treasure Trove Act, 1878 expeditiously in accordance with law and accordingly disposed of the writ petition.

Factual Matrix

2. The brief facts of the case as per the pleading made in the writ petition, which are required to be enumerated, read hereunder as :-

On 01.06.2000, in course of excavation for new construction in the land adjacent to the main temple in the Temple Campus (Jain Shwetamber Kothi) of the petitioner, 19 consecrated worshipable Idols of Jain Tirthankar were unearthed.

3. An information about the recovery of the said idols was given to the Police Outpost at Madhuban as well as to the Office of the Collector by the petitioner on the same day, i.e. 01.06.2000. Incharge of the Police Outpost prepared an Inventory of the Idols.

4. On 02.06.2000, on the orders of the Respondent Collector, the Sub-Divisional Officer, Giridih along with Deputy Superintendent of Police, Giridih visited the campus of the petitioner and on the orders of the Collector sealed the unearthed 19 idols in a room of the Dharmshala and asked President of the petitioner Trust to execute a security (Jimmanama) in terms of section 4 of the Indian Treasure Trove Act, 1878 (hereinafter to be referred to as the Act, 1878). As per the direction of the Officers, the President and Secretary of the Society executed security.

5. The Respondent Collector vide letter No. 1550 dated 07.06.2000, requested Director Archeology, Bihar, Patna to inspect the recovered idols as well as the excavation site and submit its report so as to take decision with respect to ownership of the said idols.

6. On 02.07.2000, Director, Archeology along with other Officers of the Department in presence of representatives of Shwetambers and Digambers, including Bharatvarshiya Digamber Jain carried on Tirthkhsetriya Committee inspected the idol and archeological clearance work at site.

7. The Director, Archeology vide memo no. 268 dated 11.07.2000 submitted its report to the Respondent, Collector, inter alia stating therein that all the 19 recovered idols were buried in the soil by digging a pit about 200-250 years back perhaps due to fear of the then "Mughal invaders".

8. The respondent No.3 Bharatvarshiya Digamber Jain Tirthkhetra Committee on 15.07.2000 filed a petition under section 7 read with Section 4 of the Act, 1878 before the Respondent No.2, the Collector, for inter alia declaring idols as Digamber Jain Idol and delivery of same to Digambers. The said petition was numbered as Misc. Case No. 25/2000.

9. The Director, Archeology, prepared another report, dated 18.07.2000, inter-alia stating therein that similar Idols have been worshiped in the temples of both Shwetambers and Digambers sects. It was further suggested that the idols could be handed over to Digamber sect.

10. The respondent No.2, without determining value of the Idols obviously and rightly because Idols are worshipable, ex-commercium, issued a general notice on 27.07.2000 under Section 5 of the Act, 1878 in Misc. Case no. 25/2000, a copy of which was also served to the petitioner.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqCImdVucb1LIbpCD%2BmxLpRo82o%2Bl6vtZuNJEv9rq6DCD&caseno=LPA/449/2024&cCode=1&cino=JHHC010247642024&state_code=7&appFlag=)

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