IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1069 of 2007 ==================================== Jai Kishore Choudhary, son of Sri Karu Choudhary, resident of village-Radhanagar, P.O.-Kishanpur Amkhoriya, P.S.-Sajour (Shahkund) District-Bhagalpur. .... .... Petitioner Versus 1. The State Of Bihar. 2. The Director General of Police, Police Department, Bihar, Patna -1. 3. Mr. Girijanand Sharma, Deputy Inspector General of Police, Bhagalpur. 4. District Magistrate, Bhagalpur. 5. Mr. J.S. Gangwar, the Superintendent of Police, Bhagalpur. 6. Mr. Dhananjay Thakur, Sub-Divisional Officer, Sadar, Bhagalpur. 7. Raish Ansari, S/o Late Kamruddin Ansari. 8. Tehoor Ansari, son of late Seraj Ansari. 9. Irsad Ansari, son of Md. Tahoor Ansari. 10. Arshad Ansari, son of Late Salamat Ansari. 11. Haroon Ansari, son of late Bhonu Ansari. 12. Tawarakh Ansari, son of Late Mansoor Ansari. 13. Nayeem Ansari, son of late Salamat Ansari 14. Rajjak Ansari son of late Idrish Ansari. 15. Azib Ansari son of late Fakruddin Ansari. 16. Basarat Ansari, son of late Mansoor Ansari. 17. Istiyaque Ansari, son of Md. Raish Ansari. 18. Sarwar Ansari, son of Md. Raish Ansari. 19. Khursheet Ansari, son of Alauddin Ansari. 20. Mursheet Ansari son of Alauddin Ansari. 21. Moin Ansari, son of late Ganouri Ansari. 22. Saheb Ansari, son of Md. Jamal Ansari. 23. Jaheer Ansari, son of Md. Saheed Ansari. Respondent No.7 to 23 are the resident of village-Radhanagar, P.O.-Kishanpur, Amkhoriya, P.S.-Sejour (Shahkund) District-Bhagalpur. .... .... Respondents ==================================== 5 30.06.2011 Statement of facts stating the factual State of Affairs by the State Government are contained in paras 9, 10 and 11 of the counter affidavit, which are reproduced here as under:- “ 9. That with regard to para 8 of the writ application it is stated that the people of northern-southern portion of Radhanagar used to celebrate Sarswati Puja and Ramnawmi Puja separately. However. It is true procession used to go forward to main road and Idol of Sarswati Mai/ Ramnauvmi dispersed in Bhau Pokhar and procession of people disperse according and separately.” “ 10. That with regard to para 9 of the writ application it is stated that in the interest of justice, equity and consence, it is submitted that since 1999 in the village Radha nagar at the time of Swarswati Puja/Ramnavmi, there was/is problem of law and order/religious harmony and the entries of station diaries of Sajour Police Station shows that every year there has been created lot of problem of religious harmony and police weredeployed to mainain law and order.” “11. Although route was decided as per agreeemnt to proceed procession through it during the immersion of Mas Sarswati Idol and Ramnavmi Idol.” In this regard factual statement has been replied by the petitioners in paragraph 6 and 7 which are reproduced as under:- “ 6. That the statements made with regard to paragraph no.10 of the Counter Affidavit, in reply it is submitted that answering respondent no.5 has not stated the true facts rather twisted facts are being stated to favour to one Community and that is the reason which had created Communal tension during Puja. Respondent No.5 wants to bring the agreement in existence on a plain paper which has never been executed by free will rather on the dictate and threat of administration just to stop the Hindu Community in using the public road at any Cost. It is submitted here that the instant counter affidavit appears to have been prepared at the instance of private respondents as copy of the counter affidavit has not been served upon the petitioner as yet but paragraph 10 refers some annexures of counter affidavit of respondent no.7 to 23. It is submitted here that the donation of any land cannot disentitle the Citizen to use the public road so long as the road is in existence. The administration and private respondents refers the agreement which is nothing rather something written on a plain paper by the police. If such a plain paper is treated to be an agreement then it is clear as to how the administration is giving weightage to such an illegal documents with a view to deprive the Hindu Community to use the public road. The administration is supposedto maintain the law and order fairly but not to infringe the fundamental right of the other citizen and the people of Hindu Community should not be stopped to proceed on the public road even passing with their idol Maa Sarswati.” “ 7. That the statements made in paragraph no.11 of the counter affidavit of the respondent no.5 is totally vague and misleading to the facts. Traditional Public road cannot be stopped to use by any particular community. Even creation of any new road cannot deprive the fundamental right of the petitioner and other citizen of India so long as the road is public road. However, no such agreement is legal valid and in accordance with the law of contract moreover legal right of a person cannot be forced to waive by any agreement or contract. Procession route should be decided keeping in view the religious faith of the community otherwise every procession going with religious idol should be stopped. The respondents are not exercising their power fairly and willingly. Whatever the administration has taken preventive action they are free to take all preventive measure for which the people have no anxiety but in the garb of maintaining law and order the police should not be allowed to threaten the innocent people of Hindu Community. So far as existence of cases referred in para 11 of the counter affidavit is concerned, it is submitted that law will take action on it own course.” Appreciation of both these facts clearly shows that the State Government has now solved the problem and there exists no grievance. Accordingly, petition is disposed of. PN (Prakash Chandra Verma, J) (Aditya Kumar Trivedi, J)