IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9062 of 2011 MOTI RAHMAN, son of late Md. Salim, resident of village Indai, P.S. Sheikhpura, District Sheikhpura … Petitioner Versus 1. THE STATE OF BIHAR 2. The District Collector, Sheikhpura 3. The Civil S.D.O. Sheikhpura 4. The Block Development Officer, Sheikhpura 5. The Circle Officer, Sheikhpura Block, Sheikhpura, District Sheikhpura … Respondents ----------- 2. 20.5.2011 Having heard counsel for the petitioner in respect of the following relief: “I. For issuance of a writ in nature of mandamus or any other appropriate writ order and direction commanding the respondents to abstrain them for constructing a minority hostel at the field of grave yard (Qabristan) of Makhdumpur, Sheikhpura, the Khata No. 213 and 218 of the said Qabristan. II. For issuance of an appropriate writ order and direction to commanding the respondents not to break the boundary wall of the graveyard of Makhdumpur, Sheikhpura.” and the finding that two competing public cause are faced by the administration, this Court would feel it necessary that the issues raised in this writ application 2 should first be addressed to by the Collector of the District who may find out as to whether there is an existing graveyard on the land in question on which the minority hostel is sought to be constructed. If the Collector would find that there is an existing graveyard on the same land on which minority hostel is to be constructed he would refer the matter to the State Government and obtain its decision. Till such a final decision is taken by the Collector of the District and/or the State Government, the status quo, as existing today, in respect of the land in question shall be maintained. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/