IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1487 of 2009 Arup Brahamchari, son of Brinchi Pada Sarkar, R/O village-Bhagalpur,P.S.Bodh Gaya, Distt-Gaya.-- - Petitioner. Versus 1. THE STATE OF BIHAR 2. The Chief Secretary, Govt. of Bihar, Patna 3. The Principal Home Secretary, Govt. of Bihar, Patna 4. The Principal Secretary, department of Forest & Envirobnment, Govt. of Bihar, Patna 5. The Commissioner, Magadh Division, Gaya 6. The District Magistrate-cum-Ex-Officio Chairman, Mahabodhi Temple Management, Gaya 7. The Sub Divisional Officer, Gaya 8. The Anchaladhikari, Bodh Gaya, Gaya 9. The Union of India, through Director, Forest Research Institute, Indian Council of Forestry Research and Education, Post Office, New Forest, Distt-Dehradun.- Respondents. ----------- For the petitioner : Mr. Saket Tiwary For Respondent no.6 : Mr. Narendra Kishore Sinha,AAG-X For Respondent No.9 : Mr. Sudhir Singh, ASSG For BTMC : Mr. Ashok Kumar Choudhary ----- 4. 13.2.2009 In this public interest litigation, the prayer of the petitioner is for issuance of a writ in the nature of mandamus commanding the respondents to take steps to safeguard and preserve the Holy Mahabodhi tree situated at the Mahabodhi Temple at Bodh Gaya. Seeing the importance of the Bodhi tree and for its preservation, by order dated 30th January, 2009, we had directed the District Magistrate, Gaya, who happens to be the Chairman of Bodh Gaya Mandir Prabandhakarni Samiti as also the Senior officers of the Indian Council of forensic Research Institute, Dehradun to be personally present before this Court. 2 Mr. Saket Tiwari appears on behalf of the petitioner. State is represented by AAG-X, Mr. Sudhir Singh, Assistant Solicitor General of India appears on behalf of Union of India (Respondent No.9). In pursuance of the order dated 30.1.2009, the District Magistrate, Gaya as also Dr. Nirmal Sudhir Kumar Harsh, Scientist-F at Forest Pathology Division, Forest Research Institute, Dehradun are present. The District Magistrate, in his affidavit, has stated as follows: 13. That the present deponent further begs to assert that he being primarily and deeply concerned with the safeguard and preservance of the sacred Bodhi Tree and in his capacity as being the Ex- Officio Chairman, BTMC, he further assures that smooth worshiping of the said tree is ongoing on regular basis and the temple authorities are taking all needful steps to ensure its safety and prevent it from getting damaged. The averments and the intention of the writ petitioner only goes to reflect his cantankerous attitude, which thus gets exposed in view of the facts disclosed in the present affidavit. There is no substance, much lest, any justifiable cause or reason in the main writ application which is further devoid of any merit and is fit to be dismissed awarding exemplary cost against the writ petitioner.” Respondent No.9, in his affidavit sworn by Dr.Nirmal Sudhir Kumar Harsh, has stated as 3 follows: “10.- That as per the changed visit schedule, very recently on 10 to 12th February 2009 the scientists of FRI has visited and observed the Bodhivriksha and in course that they have found the health of the Bodhivriksha sound and satisfactory. It is further submitted for appraisal of this Hon’ble Court that whatever recommendations have been made by the FRI for upkeeping and maintaining the health of the Bodhivriksha are being carried out by the BTMC.” Although we do not doubt the bonafide of the petitioner but we are satisfied that the District Magistrate has taken all steps which are necessary for preservation of the Bodhi tree. Had it not been so, the expert would not have stated that they had found the health of the tree sound and satisfactory. This observation has been made on the basis of visit by the experts to the Bodhi tree between 10 to 12th February, 2009. We are of the opinion that for the present, no specific direction needs to be passed by this Court. Application stands disposed off accordingly. ahk (C. K. Prasad,ACJ) (Shyam Kishore Sharma) 4