← Library
Patna High CourtCWJC/21226/2014disposed

Niraj Kumar v. The Union Of India And ORS

2015-12-08Mr. Justice Chakradhari Sharan Singh,The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21226 of 2014 =========================================================== Niraj Kumar, Son of Sri Vijay Yadav, resident of Kundper, Rajgir, P.S. Rajgir, District-Nalanda-803116.

.... .... Petitioner

Versus

1. The Union of India through the Director General, Archeological Survey of India, 11 Janpath, New Delhi.

2. The Superintendent (Archeologist), Archeological Department of India, Antaghat, Patna.

3. The Deputy Superintendent (Archeologist), Archeological Department of India, Antaghat, Patna.

4. The Conservator Assistant, Archeological Department of India, Rajgir, Nalanda, Bihar.

5. The District Magistrate, Nalanda, Biharsharif.

6. The Superintendent of Police, Nalanda, Biharsharif. .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rohit Mishra, Advocate For the Respondent/s : Mr. Ashok Kumar Keshri, A.A.G. XI With Mrs. Shilpi Keshri, A.C.to A.A.G.X For the Union of India : Mr. Rakesh Kumar Sinha, C.G.C. =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) Date: 08-12-2015 The present application has been filed, under Article 226 of the Constitution of India, in the shape of Public Interest Litigation. The petitioner complains that foreign tourist, visiting "Gridhkut Hill' at Rajgir, are being duped, harassed and made to suffer extortion at the hands of certain anti social elements. Such activities, it is contended, discourage visit by foreign tourists at the place, which is of immense tourists' attraction.

Patna High Court CWJC No.21226 of 2014 dt.08-12-2015 2/3 A counter affidavit has been filed on behalf of the respondent-State of Bihar stating therein that the temple of Lord Buddha situated at "Gridhkut Hill' attracts Lord Buddha's followers, who come there for prayer and that the place come under the Archeology Department, Government of India. It has been stated that so far, no complain has ever been received either by the Department of Archeology or from any tourist by the police or any general administration, save and except, stray incidents of the year 2009.

It has further been stated that keeping in view the significance and importance of the tourist's site and for the purpose of protection of tourists, adequate security arrangements have been made by the District Administration, which is evident from a report submitted by the Superintendent of Police, Nalanda, dated 30.09.2015, addressed to the District Magistrate, Nalanda. From the said report, it appears that there is permanent deployment of a unit of 4-16 BMP Force at the surface of "Gridhkut Hill' near Ropeway and 16 CCTV cameras have been installed for proper safety and security of the tourists. It has also been stated that police personnel, in civil dress have also been deployed by the local police to keep vigil in order to check illegal activities around the said place of worship.

Patna High Court CWJC No.21226 of 2014 dt.08-12-2015 3/3 proceed any further.

The District Magistrate, Nalanda, and the Superintendent of Police, Nalanda, are directed to ensure that proper security and safety measures are undertaken for the welfare of the tourists, visiting the place, and no harassment or extortion of the nature, as alleged, in the writ application, takes place.

This application is disposed of, accordingly. (I. A. Ansari, ACJ) (Chakradhari Sharan Singh, J) Vats/- U