Patna High Court
Pujya Bhadanta Harshbodhi,versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJ KUMAR
Holding
The Court directed the petitioner to file a detailed representation and the respondent to dispose of the grievance with a reasoned order within specified timeframes.
Summary
The petitioner, President of two public trusts, filed a writ petition alleging that the District Magistrate (respondent No.2) demolished a temporary welcome gate erected for a Buddha Purnima event without prior notice or authorization, causing a loss of Rs. 20,450. The petitioner claimed no remedial action was taken despite representations. The Court examined whether the demolition constituted an unlawful administrative act warranting judicial intervention. It held that the petitioner should be given a further opportunity to make a detailed representation to the respondent. Accordingly, the Court directed the petitioner to file a representation within two weeks and the respondent to decide the grievance with a reasoned order within six weeks, disposing of the application.
Issues considered
- Whether the demolition of a temporary welcome gate by the District Magistrate without notice or authorization amounts to an unlawful administrative action justifying a writ of mandamus.
- Whether the petitioner is entitled to relief directing the respondent to consider and decide the grievance within a stipulated time.
Subjects
- writ jurisdiction
- public trust
- administrative action
- demolition
- temporary structure
- Mahabodhi
- representation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2350 of 2025
======================================================
Pujya Bhadanta Harshbodhi, Resident of C/o Umesh Yadav, New Tarodi,
Bhagalpur, Bodhgaya, Bihar-824231.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The District Magistrate, Collectorate Building, Bodhgaya, Bihar.
3. The Executive Officer, Bodhgaya Nagar Parishad, Mahabodhi Temple Road,
Bodhgaya, Bihar-824231.
4. Secretary, the Mahabodhi Mahavihar Management Committee Mahabodhi
Temple, Bodhgaya, Bihar-824231.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parth Sarthy, Adv.
For the Respondent/s : Mr.Ramadhar Singh, G.P.-25.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
ORAL ORDER
2 08-07-2026 1. Heard the learned counsel for the petitioner and
the learned counsel for the respondents/State.
2. The present writ application has been filed alleging,
inter alia, that the petitioner happens to be the President of two
public trusts, namely, Dr. Ambedkar International Buddhist
Parliament, registered vide PTR No. 486, and Mahabodhi
Charitable Trust, registered vide PTR No. Mah. E-1278(N). It is
further submitted that, on the occasion of Buddha Purnima
(Vaishakhi Purnima) on 23rd May, 2024, four temporary
welcome gates were erected on 17th May, 2024, one of which
was situated near the Mahabodhi Mahavihar, opposite the
BTMC Office, Bodhgaya. It is next submitted that the petitioner
Patna High Court CWJC No.2350 of 2025(2) dt.08-07-2026
2/2
incurred an expense of Rs. 20,450/- for constructing these
welcome gates, which were an integral part of the event, but all
of a sudden, on 21st May, 2024, without any prior notice and
without any instruction or authorization, respondent no. 2
unlawfully demolished one of the welcome gates near the
Mahabodhi Mahavihar.
3. The learned counsel for the petitioner has submitted
that he has represented before the authorities, but no action
whatsoever has been taken.
4. In the background of these facts, this Court thinks it
proper to grant liberty to the petitioner to file a detailed
representation before respondent no. 2 within a period of two
weeks from today, and thereafter respondent no. 2 shall proceed
to decide and dispose of the grievance of the petitioner by a
reasoned order within a period of six weeks from the date of
filing of such representation.
5. The application stand disposed of with the above
said observations/directions.
(Raj Kumar, J)
Nirmal/AKV
U
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