Basudeo Das Mahant @ Basudeo Das vs The State Of Bihar & Ors on 4 November, 2011

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.17554 of 2011
                   Basudeo Das Mahant @ Basudeo Das of Ram Janki Temple, S/o late Ram
                   Laxman Das, resident of Village - Chilhos, P.S. Sandesh , Distt. Bhojpur

                                                    Versus
           1. The State Of Bihar Through The Principal Secretary, Road Construction
              Department, Bihar, Patna .
           2. The Dist. Magistrate Bhojpur At Arrah
           3. The Engineer in Chief, Bihar, Patna
           4. The Chief Engineer, Road Construction Deptt. Patna Division, Patna
           5. The Superintending Engineer, Road Construction Deptt. Bhojpur At Arrah
           6. The Executive Engineer, Road Construction Deptt. Bhojpur At Arrah
           7. The Assistant Engineer, Road Construction Department,Bhojpur At Arrah

                                          ----------------------------------

02/ 04.11.2011 In the instant writ application, the grievance of the

petitioner is that the respondents have marked the temple for its

demolition on assumption that it has been constructed on public

land.

The petitioner submits that the temple stands on

khesra No. 3194, 3195 and 3197 measuring 13 decimals, which

belongs to the temple itself. The petitioner further submits that

the villagers donated 6 acres and 8 decimals land in the name of

temple, which was constructed way back in the year, 1995. The

petitioner asserts that temple has not been constructed on public

land. In support of his submission, the petitioner has referred to

certain agreements and rent receipts.

Counsel for the State submits that petitioner should

have made representation before the authority concerned instead

of moving this Court.

After hearing the counsel for the petitioner and the

State, I am of the view that the petitioner should file a detailed
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representation before District Magistrate, Bhojpur at Ara, who

will ascertain the facts whether the temple stands on the land

donated by the villagers or whether it has been constructed on

public land. The petitioner must file his representation before

District Magistrate, Bhojpur at Ara within three weeks from

today, thereafter, the learned District Magistrate has the

verification done within further six weeks.

Status quo as of today would be maintained, till the

verification is completed.

This application stands disposed of.

(Samarendra Pratap Singh, J.)
DKS/