Veerendr Singh Siradhana, J.:— Mehant-Mahaveer Das Chela Bhagwan Das of Murti Mandir Nayam Ji of Village Laxmangarh, District Sikar, has approached this Court praying for the following reliefs:
“(i) direct the respondents to initiate an enquiry and proceed in the matter under Section 4, 5, 7, 10 and 12 of the Indian Treasure Trove Act, 1878 and proceed as per the procedure contained under the Rajasthan Treasure Trove Rules, 1961; and
(ii) further pleased to direct the respondents to recover the old ancient coins from the possession of the delingquent persons and proceedings aginst them in accordance with law; and
(iii) further pleased to direct the respondents to discover the old ancient coins and the treasure lying underneath and under earth of the petitioner Temple and after following the rules and the procedure, handover those old ancient coins and the treasure to the petitioner;
(iv) or in alternative, direct the respondents to decide the application filed by the petitioner under the provisions contained under the Indian Treasure and Trove Act, 1878 and under the Rajasthan Treasure Trove Rules, 1961 within 15 days.”
2. Briefly, the essential skeletal material facts which needs to be taken note of, are, that the petitioner is running a small Museum of antiquates and has been issued with certificates of registration under the Antiquates and Art Treasures Act, 1972. It is pleaded case of the petitioner that several antiquates and old coins of the Muslim era were kept underneath the idols during the course of renovation and repairs of temple. According to the petitioner, during the process of renovation and repairing various ancient coins of the Muslim era were discovered by one of the labour-Sahid, who stole and sold them to one Ramdev Soni.
3. According to learned counsel for the petitioner, so soon this fact surfaced to the knowledge of the petitioner, he lodged a report with the Superintendent of Police, District Sikar. The petitioner from Ramdev Soni purchased 20 coins and the petitioner was further informed that Ramdev Soni purchased about 2000 coins from Sahid.
4. Learned counsel would further submit that having received no response on the proceedings on his complaint, he moved an application under Right to Information Act, 2005, on 9 March, 2018, seeking information of the status of investigation conducted as to the discovery of coins which were stolen and sold by labour-Sahid. However, no response has been received from the Superintendent of Police, District Sikar.
5. After having learnt about the provisions of Indian Treasure Trove Act, 1878 (For short, Act of 1878), the petitioner approached District Magistrate, Sikar, for an enquiry as contemplated under Section 4, 5, 7, 10 and 12 of the Act of 1878, instituting an application dated 23 October, 2018. However, till date the matter has not been proceeded with.
6. Upon hearing counsel for the petitioner and in view of the materials available on record so also having regard to the nature of grievance raised; for the present the petitioner is required to approach the District Magistrate, Sikar, afresh within two weeks hereinafter, enclosing a copy of the writ application.
7. In case, petitioner approached the District Magistrate, Sikar, as aforesaid; the District Magistrate, Sikar would do the needful to determine the application of the petitioner in the backdrop of Act of 1878. Needful be done as expeditiously as possible; preferably, within four months from the date of receipt of the application along with a copy of the writ application and certified copy of this order.
8. With the observations and directions aforesaid, the writ application as well as stay application, stand disposed off.
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