IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12629 of 2009 ***** Mahant Durga Giri Chela Bhagwan Giri, resident of village- and P.O. Khagurathi, P.S. Baikunthpur, in the district of Gopalganj. …. …. Petitioner Versus 1. The State of Bihar. 2. The District Magistrate, Gopalganj. 3. The Superintending Engineer, Public Health Engineer Department, Gopalganj. 4. The Executive Engineer, Public Health Engineer Department, Gopalganj. 5. The Assistant Engineer, Public Health Engineer Department, Gopalganj. …. …. Respondents ----------- 2. 18.9.2009. Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has averred in the present writ application that the respondent authorities of the Public Health Engineer Department in the district of Gopalganj are trying to install a boring on the Samadhi of Mahanth of what is known as Khagurathi Math, which is situated in the district of Gopalganj. According to the petitioner this conduct of the respondents has seriously hurt the sentiments of not only the present petitioner but all other villagers in and around that area to pay their homage and respect to the erstwhile Mahanth. Petitioner has brought certain complaints which he has already lodged with the District Magistrate but since no action or response has come from any level the present writ application has been filed. Except for the averments made in the writ application there is no corresponding documents as such, which has been brought in support or what has been stated by the petitioner, therefore, it is difficult for the Court to decide the matter one way or the other. Further it is also - 2 - an issue which ought to be sorted out at the earliest because keeping the writ application awaiting for filing of the counter affidavit may not serve the purpose either of the petitioner or of the respondents. In view of the same the Court directs the District Magistrate, Gopalganj that he shall depute the Circle Officer of the area concerned to enquire into the matter, verify the land records and the assertions made by the present petitioner. If the land belongs to the Math or is not a public land then remedial measures will have to be taken but if the land is a public land the respondent authorities will be free to proceed on installation of boring in question. Till the issue is sorted out by the Collector the status-quo on the land would be maintained. The Court expects an early decision to the issue. This writ application stands disposed of with above direction. Let a copy of this order be handed over to Additional Advocate General-III for immediate communication to the District Magistrate, Gopalganj. Pawan/- (Ajay Kumar Tripathi, J.)