IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7429 of 2009 Bhagwan Prasad Singh s/o Late Hari Nandan Prasad Singh, r/o village Keotgama, P.S. Kusheshwar Asthan, District – Darbhanga ………….. Petitioner Versus 1. The State Of Bihar 2. The Collector-cum-District Magistrate, Darbhanga 3. The Inspector General of Police, Darbhanaga Range, Darbhanga 4. The Deputy Inspector General of Police, Darbhanga 5. The Superintendent of Police, Darbhanga 6. The Deputy Superintendent of Police, Biraul, District- Darbhanga 7. The Officer-in-Charge, Kusheshwar Asthan Police Station, District – Darbhanga ………….. Respondents ---- For the petitioner: Mr. P.N. Shahi, Mr. Ritesh Kumar no.1 Mr. Nishant Choudhary, Advocates For the State : Mr. Harendra Pd. Singh, GA VI Mr. Rajiv Kumar Singh, AC to GA VI ----------- 3 27/7/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has preferred this writ petition by way of public interest litigation with a prayer that some Jawans of Special Auxiliary Force (SAF) are illegally occupying some rooms in a Dharmshala at Kusheshwar Asthan and this is against the public interest because it discourages the pilgrims to come and stay 2 at Kusheshwar Asthan. A counter affidavit has been filed on behalf of the State along with a report of the Officer-in-Charge, Kusheshwar Asthan Police Station dated 18.6.2009, in which a stand has been taken that there are eight or nine Dharmshalas available at Kusheshwar Asthan and only in one Dharmshala known as Khagaria Dharmshala three rooms are under occupation of SAF Jawans who were deputed there to fight the menace of naxalism. The report and the counter affidavit further discloses that some illegal activities were going on at Kusheshwar Asthan which have been stopped due to presence of SAF Jawans and that may be the reason that such a petition has been filed in the garb of public interest litigation. It is not possible for this court to decide the controversy as to whether the presence of SAF Jawans at Kusheshwar Asthan will be in the public interest or against the public interest. Hence, the writ petition is disposed of with a liberty to the petitioner that he may approach the District Magistrate, Darbhanga with all the 3 materials available with him and the dispute noted above will be decided by the District Magistrate, Darbhanga after obtaining relevant informations. If the petitioner files a representation along with a copy of this order before the District Magistrate, Darbhanga then such representation should be disposed of expeditiously preferably within three months. Neyaz/ (Shiva Kirti Singh, ACJ.) (Anajana Prakash, J.)