Sudama Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11060 of 2022 ====================================================== Sudama Kumar Son of Mangal Chand, resident of Pachhatti, P.S. - Bodhgaya Dist. - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary Govt. of Bihar, Patna. 2.

The Home Secretary govt. of Bihar Patna.

3.

The Managing Director Bridge Construction Corporation Patna. 4.

The District Magistrate Gaya Cum Chairman Bodhgaya Temple Management Committee, Bodhgaya Gaya.

5.

The Executive Engineer Bridge Construction Corporation Division Gaya. 6.

The Secretary Bodhgaya Temple Management Committee, Bodhgaya. 7.

Executive Officer Nagar Parishad Bodhgaya Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Respondent/s :

Mr.Manish Kumar ( GP 4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 05-08-2022 Petitioner has prayed for the following relief(s): "For giving a direction to stop the illegal construction of office of

Patna High Court CWJC No.11060 of 2022 dt.05-08-2022 2/3 Bodhgaya Temple Management committee within the 100 meters radius from work heritage site declared by the UNESCO in year 2001 of Mababodhi Mahavihara Temple, Bodhgaya which is also a protected monument and archaeological site, and further for grant of stay of the ongoing construction, which is being made in complete violation of provision of Bihar Building bye-laws, 2014 and Bihar Municipal Act, 2007 and for any other relief/s which this Hon'ble Court may deem fit and proper in the facts and circumstances of this case."

The petition is bereft of any material particulars, save and except the bald allegation that the Bodh Gaya Temple Management Committee, Bodh Gaya is raising some construction in and around the Bodh Gaya Temple. There is nothing on record to establish that the construction raised, if any, is contrary to the provisions of law or being carried out without obtaining any permission.

As such, we dispose of the petition, reserving liberty to the petitioner to take up the matter before the appropriate authority, should the petitioner find, after investigation, need to do so.

Patna High Court CWJC No.11060 of 2022 dt.05-08-2022 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 11.08.2022 Transmission Date