Patna High Court
Chandra Kishor Parashar @ Acharya Chandra Kishore ParasharversusThe Union of India
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed as the respondents have lawfully relocated the temple structures and no further relief can be granted.
Summary
The petitioner, Chandra Kishor Parashar, filed a writ petition seeking a mandamus directing the railway authorities to reconstruct a historic temple that was allegedly demolished on 10 March 2025. The respondents, including the Union of India and various railway officials, submitted a counter‑affidavit stating that the temple structures were unauthorized constructions on railway land and that, due to a redevelopment project, they were relocated to a new site in Dharamshala Colony after a joint meeting with local authorities. The relocation was completed, new temples were built, and the old idols were ritually immersed on 10‑11 March 2025 under the supervision of a magistrate. The court examined whether the demolition was unlawful and whether a mandamus could be issued to compel reconstruction. Finding that the respondents had lawfully relocated the structures and performed the required religious rites, the court held that there was no remaining issue for adjudication. Consequently, the petition was disposed of without granting any relief.
Issues considered
- Whether the demolition of the temple on railway premises was illegal and violative of the petitioner's rights.
- Whether the railway authorities had a duty to reconstruct the demolished temple.
- Whether a writ of mandamus can be issued to compel reconstruction of a religious structure on railway land.
Subjects
- mandamus
- temple demolition
- railway land
- religious rights
- relocation of structures
- public purpose redevelopment
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10134 of 2025
======================================================
Chandra Kishor Parashar @ Acharya Chandra Kishore Parashar, Son of Late
Ram Bahadur Parashar, resident of Ward No. 14, Senapati Bhawan, Parashar
Colony, New Area, Sikandarpur, P.S. Muzaffarpur Town, District-
Muzaffarpur, presently the Central Chairman of Antarrashtriya Sanatan Hindu
Vahini, Senapati, Parashar Colony, New Area, Sikandarpur, Ward No.4 P.S.
Muzaffarpur Town, District- Muzaffarpur.
... ... Petitioner/s
Versus
1. The Union of India through the through the Secretary, Ministry of Railway,
Government of India, New Delhi.
2. The General Manager, East Central Railway Zone, Hajipur, District- Vaishali
at Hajipur.
3. The Zonal Rail Manager, East Central Railway Zone, Sonepur Railway
Division, Sonepur District- Saran at Chapra.
4. The Station Superintendent, East Central Railway, Muzaffarpur, District-
Muzaffarpur.
5. The Area Superintendent, East Central Railway, Muzaffarpur, District -
Muzaffarpur.
6. The Assistant Engineer, East Central Railway, Muzaffarpur, District -
Muzaffarpur.
7. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
8. The District Magistrate, Muzaffarpur, District- Muzaffarpur.
9. The Senior Superintendent of Police, Muzaffarpur, District- Muzaffarpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate
For the Respondent/s : Dr. Krishna Nandan Singh, Addl.S.G
Mr. Alok Kumar, CGC
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 20-02-2026
The writ petition has been filed by the petitioner
Chandra Kishor Parashar @ Acharya Chandra Kishore Parashar
Patna High Court CWJC No.10134 of 2025 dt.20-02-2026
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with the following prayers:
“(I) For issuance of an appropriate
writ in the nature of MANDAMUS commanding
and directing the Respondent Authorities to re-
construct the temple situated in the northern
premises of Muzaffarpur Railway Station with
all the idol of god and goddess on the ground
that the said temple was established before the
independence of the country in the northern side
of premises of Muzaffarpur Junction in the name
of Coolie Mandir (the temple of Shiv Parivar
and Durga Mahavir Mandir) as would be
evident from the Khatiyan but the Respondents
had arbitrarily demolished the said temple in the
night of 10.03.2025 as also theft/damage the old
idol of god and goddess the said temple in very
ugly manner.
(II) For issuance of an appropriate
writ in the nature of MANDAMUS commanding
and directing the Respondent Authorities to take
suitable action against the erring persons, who
are responsible for illegal removal of the temple
in question as also to steal and damage the old
idol of god and goddess of the said temple by
creating very ugly scene which is not permissible
in our Country.”
2. Counter affidavit has been filed on behalf of
respondent nos. 1 to 6 by one Ritesh Kumar, Senior Divisional
Engineer (III), East Central Railway, Sonpur wherein in
Patna High Court CWJC No.10134 of 2025 dt.20-02-2026
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paragraph nos. 6, 7 and 8, it has been stated as follows:
“6. That the Construction work as
per the approved plan and drawings, at the apex
level, has been started by the RLDA. An elevated
approach road, under the redevelopment plan of
the station, is to be constructed to provide safe
and free passage to the rail users. However, two
temple like structure. (One of lord Shiva and the
other of goddess Durga & lord Hanuman) were
falling under the approved alignment of the
proposed elevated road. It is worth mentioning
that both the structures were constructed
unauthorisedly on the Railway land in the
circulating area of existing Muzaffarpur station.
Initially, discussion on realignment of the
proposed elevated road, with the authorities of
RLDA, was done but as per the technical expert
opinion, realignment of the proposed elevated
road was found not feasible. Hence, the only
option left with the Railway authorities and the
authorities of RLDA was to relocate both the
structures at a new place. Accordingly, a joint
meeting of the caretakers of the temples like
structures, local civil authorities, authorities of
RLDA and East Central Railway was convened
on 24.06.2024 in the official chamber of SDM
(East) Muzaffarpur. In the said meeting, it was
decided and agreed that both the structures be
relocated on the Railway land situated at
Patna High Court CWJC No.10134 of 2025 dt.20-02-2026
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Dharamshala colony, Muzaffarpur.
Subsequently, on the approved plan and design,
two new temples (one of lord Shiva and the other
of goddess Durga) were constructed by RLDA at
Dharamshala Colony, Muzaffarpur. It is relevant
to mention here that one separate temple of lord
Hanuman was already existing near the newly
constructed temples. Hence, no new temple of
lord Hanuman was required to be constructed at
the Dharamshala Colony.
7. That after construction of the new
temples at Dharamshala colony, a joint meeting,
to fix the date of shifting of the temples, was held
in the official chamber of Asst. Divisional
Engineer (South) Muzaffarpur on 09.01.2025
wherein it was unanimously decided to shift the
temples at Dharamshala Colony on 02.02.2025
However, on consultation with the Pandit for
performing ‘Pran Pratishtha’ of the deities, no
auspicious Muhurat for performing the said
religious ritual was available on the aforesaid
date. As such, the date of '‘Pran Pratishtha’ was
deferred to 10.03.2025. Accordingly, SDM
(East). Muzaffarpur, vide letter no
W/2012/Atikraman/ circulating area/Muz.;
dated: 09.03.2025, was requested to depute a
Magistrate to ensure lawful ‘Pran Pratishtha’ of
the deities in the newly constructed temples.
8. That in response to the said letter,
the SDM (East), Muzaffarpur, vide his memo
Patna High Court CWJC No.10134 of 2025 dt.20-02-2026
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no.: 892/C,Muz.; dated: 09.03.2025, deputed Sh.
Satyam Murari, ATM/Aurai as Magistrate for
the said purpose. Accordingly, after performing
rituals of ‘Pran Pratishtha’ of the deities, their
new idols were placed in the newly constructed
temples by the Pandit as per Hindu mythology
and custom on 10.03.2025. Thereafter, it was
decided to immerse the idols of the old temples
in the Holy water of river Budhi Gandak at
Muzaffarpur. This ritual was performed with full
religious devotion. After completing all rituals
immersion of the old idols could be performed in
the midnight in presence of the civil authorities
and authorities of Railway as well as RLDA and
a joint note thereof was prepared on
11.03.2025.”
3. In view of such stand taken by the Railway
authorities, nothing further remains to be adjudicated in this writ
petition. Accordingly, the same stands disposed of.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
uday/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 21.02.2026
Transmission Date NA
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