IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.809 of 2010 Manoj Sah s/o Sita Ram Sah, r/o village - Ramdiha, P.O. – Gawanda, P.S. – Chakia, District – East Champaran …….. Petitioner Versus 1. The State Of Bihar 2. Chief Secretary, State of Bihar, 3. Collector, East Champaran 4. S.D.O., Chakia, East Champaran 5. Anchal Adhikari, Kalyanpur, P.S. Chakia, East Champaran 6. B.D.O., Kalyanpur, P.S. Chakia, East Champaran 7. Superintendent of Police, East Champaran, Motihari 8. Dy.S.P.Chakia, East Champaran 9. Officer-in-Charge, Chakia, East Champaran ………. Respondents ----------- For the petitioner :Mr. Mitunjay Pd. Singh No.2 Mr. K.B. Sharma, Advocates For the State : Mr. R.C.P. Bharti, SC – XIV 2 14/1/2010 This writ petition, which has been preferred by the petitioner describing himself as a public spirited person, pertains to following reliefs: “(I) For issuance of writ of mandamus commanding the respondents authorities not to allow them to encroach or amalgamate the land of Plot no.633 with the land of Cemetery(Kabristan) Plot No.931. (II) For issuance of writ of mandamus commanding the respondent authority commanding them not to construct the boundary wall of Cemetery (Kabristan) Plot no.931 over the land of Plot no.633. (III) For issuance of writ of mandamus commanding the respondent authority not to allow any person to bury the dead body over the land of Plot no.633 which is not Cemetery. 2 (IV) For issuance of writ of mandamus commanding the respondent authority to allow the person to bury the dead body only in the land of Cemetery (Kabristan) or his personal land but not on the land of Gairmajarua Am which is used by person of different caste, religion and faith. (V) For issuance of such other appropriate writ/order/direction which may deem fit and proper in the facts and circumstances of this case for the ends of justice.” In our considered opinion, the right that has been claimed is only a communal right which can be agitated in a representative suit in an effective manner. Hence, we decline to interfere. While declining to interfere in the writ petition, we are inclined to observe that it is open to the petitioner to file a suit as advised in law. The writ petition stands disposed of accordingly. Neyaz/ (Dipak Misra, CJ.) (Shiva Kirti Singh, J.)