IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.976 of 2009 SHYAM KISHORE SHARMA, Son of Late Rajendra Singh, resident of Muhalla-Lohanipur west, Upadhaya Lane, P.S. Kadam Kuan, District-Patna ----- Petitioner . Versus 1. THE STATE OF BIHAR through Director General of Police,Bihar,Patna 2. Senior Superintendent of Police,Patna 3. Deputy Superintendent of Police,Sadar,Patna 4. Officer Incharge , Gandhi Maidan Police Station,Patna 5. Officer Incharge, Pirbahore Police Station,Patna --------------- Respondents ----------- 03 04-01-2010 An intervention application has been filed being I.A.No.2540 of 2009 by one Ramendra Kumar Gupta claiming to be elected Secretary of Bihar Rajya Arya Pratinidhi Sabha, headed by its President , Sri Ganga Prasad Arya, which is affiliated to Sarvdeshik Arya Pratinidhi Sabha, headed by Captain D.R. Arya. He challenges the locus standi of the petitioner in respect of relief sought for in this writ application. Heard the parties. Intervention application is allowed. A counter affidavit has been filed by the intervener respondent. Mr.Ganesh Prasad Singh, learned Senior - 2 - Counsel for the petitioner submits that a rejoinder has been filed by him. Let the office trace the rejoinder and place it with the records of this case. To me, it appears that the dispute is simple. There are factions in Arya Samaj, which are fighting for control over the properties and management right of Arya Samaj Institutions all over the country including that at Patna. A Suit in that regard is pending at Delhi High Court and while the parties were at Patna, a Cr. Revision was filed. It appears that one of the factions filed a Title Suit in Patna also in respect of Patna properties. The earlier Cr.Revision was itself disposed of by this Court observing that as the matter is pending between the parties before the Civil Court, Patna , all necessary reliefs or interim reliefs may be available there. It appears that in the meantime an Atithishala at Naya Tola within Kadam Kuan Police Station became a subject matter of dispute and police locked up the said premises. Mr. Ganesh Prasad Singh, learned Senior Counsel submits that in fact, there was no dispute with regard to the Aithishala. In fact, petitioner has sought - 3 - removal of services of two teachers of the Girls School situated in the said campus. They were found there which led to case and counter case as between the petitioner and those two teachers and in that the police in purported powers to investigate has locked up the Atithishala. The intervenor also agrees that police had no jurisdiction to lock up the Atithishala and they have approached the District Administration for unlocking the same. Thus, to the extent unlocking the said premises, both the petitioner and intervener are having the same stand. Though , the matter is of Patna itself and was adjourned earlier for permitting the State Counsel to seek instruction, neither any instruction has been given to the State Counsel nor any counter affidavit was filed. In my view, the case can be disposed of. Both the parties or all parties to the civil litigation as pending in the Patna Civil Court would move the Civil Court concerned for ad interim direction to the police to unseal the premises. The Civil Court would hear the parties as well as the police and pass appropriate orders in that regard for unsealing the premises. Thus, the Civil Court must do within one month - 4 - of either of the parties moving the Civil Court in that regard. The State is directed to fully cooperate in the matter and the Civil Court would be competent to pass order even if the State / Police does not cooperate in the matter. With the aforesaid observations, the writ application itself stands disposed of. NKS/- ( Navaniti Prasad Singh, J)