IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5814 of 2009 Arvind Trigunayat s/o Sri D.N. Trigunayat, C/O Radha Sharma, r/o Chowk, Patna City, Party Gali, P.S. Patna City, Patna. Versus 1. The State Of Bihar 2. Bihar State Board of Religious Trust, Vidyapati Marg, Patna through its Administrator –cum-Officer on Special duty 3. Senior Superintendent of Police, Patna 4. City Superintendent of Police, Patna 5. Sub-Divisional Officer, Patna City, Patna ----------- For the petitioner: Mr. Bipin Bihari Singh Mr. Shiv Prasad Gupta, Advocates For the respondents: Mr. H.P.Singh, GA VI Mr. Ambuj Narayan Choubey, Advocate 2 8/5/2009 The main prayer in the petition is for a direction to the Bihar State Board of Religious Trust, Patna to keep proper maintenance of the historical temple situated at Patna City, commonly known as Chhoti Patna Devi. It has come out during hearing that a suit is pending before the Civil Court by the trustees of the said temple and meanwhile a committee is also constituted to look after the maintenance of the temple. It is also submitted that the committee is making all efforts for maintenance of the temple. If any obstruction is created by anybody in day to day 2 functioning or maintenance of the temple, it is for the committee to take an appropriate step in accordance with law and, if it is necessary, 2nd respondent also can take appropriate steps in the matter for which no direction is required by this court because by getting a direction from this court pending civil court proceedings could be prejudiced. In the above circumstances, we are of the view that a public interest litigation under Article 226 of the Constitution of India will not lie in the present matter and, accordingly, the writ petition is dismissed without prejudice to any other remedies available to the petitioner as well as 2nd respondent. Neyaz/ (J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.)