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2025 DAILYLAW 2528 (PAT)

Chandra Kishor Parashar @ Acharya Chandra Kishore Parashar v. The Union of India

CWJC/10134/2025 · 2026-02-20

Harish Kumar

body2025

Judgment text

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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 2/5 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 3/5 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 4/5 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 5/5 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. uday/- (Sangam Kumar Sahoo, CJ) (Harish Kumar, J) AFR/NAFR NAFR CAV DATE NA Uploading Date 21.02.2026 Transmission Date NA