2025:JHHC:34832-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 4564 of 2024 Aadarsh Sewak Samaj Trust, through its founder Trustee, Arun Kumar Mishra, S/o Sri Radhakant Mishra, having its office at Village- Baghkol, PO & PS- Basantrai, District-Godda ... Petitioner Versus 1. The State of Jharkhand 2. The Chief Secretary, Government of Jharkhand, Ranchi 3. The Secretary, Department of Tourism, Government of Jharkhand, Ranchi 4. The Secretary, Department of Health and Family Welfare, Government of Jharkhand, Ranchi 5. The Deputy Commissioner, Godda 6. The Circle Officer, Basantrai (Pathargama), Godda 7. The Jharkhand State Hindu Religious Trust Board, through its Secretary, Hinoo, Ranchi ... … Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mrs. Ritu Kumar, Advocate Mr. Ravi Kumar Singh, Advocate For the Respondent Nos.1 to 6 : Mr. Mohan Kumar Dubey, AC to AG For the Respondent No. 7 : Mr. Bharat Kumar, Advocate ----- 04/21.11.2025 The instant writ petition has been filed for restraining the concerned respondents from demolishing the “Basantrai Temple” and also from constructing the proposed Government Hospital over the land of the said temple. Further prayer has been made for issuance of direction upon the respondent nos. 3 and 7 to take appropriate steps to protect the “Basantrai Temple” and Pond, which are of great Historical importance and also find mention in Hindu (Sanatan) scriptures such as ‘Skand Puran’ and other such scriptures. 2. A counter affidavit has been filed on behalf of the respondent nos. 5 and 6, paragraph no. 13 of which reads as under: “13. That in reply to para 10, it is humbly 2025:JHHC:34832-DB stated and submitted that Basantrai pond have religious value and mentioned the land in the nature of Gairmajurwa and in Kifiat column of purcha Gairmajurwa Khata No. 25, Dag No. 02 and having area of 19 Bigha 19 kattha 1 Dhur and simultaneously under Khata No. 25, Dag No. 01, and having area of 28 Bigha 17 Kattha 17 Dhur is recorded in the name of mandir in purcha and it is pertinent to mention that the mandir situated 20 ft x 20 ft and in rest of land Bishua Fair is organized in the month of Vaishak by Government authority and it is important to mention that this pond have religious value in which lot of devotees worship from long-long time and name of mandir is mentioned in khatiyan (Parcha) and some portion of the temple is situated in north & west and proposed land for construction of hospital leaving 30 ft. of land from the temple having 3 acres 50 decimals and that petitioner for his personal interest trying to grab the temple land (Gairmajurwa) and giving hindrance on land by filing this writ petition which is not maintainable and further it is submitted that marriage hall, health centre, guest house and 21 shops, Durga mandir and two roads were constructed before in Plot No. 01, but this trust never made any objection about this.” 3. Since the proposed hospital is to be constructed after leaving 30 ft. of land from the temple coupled with the fact that the constructions are in the nature of marriage hall, health centre, guest house and 21 shops, apart from Durga Mandir and two roads 2025:JHHC:34832-DB have come up in the area for which the petitioner-Trust has not objected, clearly this petition seeking to stall the construction of the hospital which admittedly is a public amenity and would be for the public at large, we see no reason to entertain this petition and the same is accordingly dismissed. (Tarlok Singh Chauhan, C.J.) (Rajesh Shankar, J.) NAFR November 21, 2025 Manish/Ritesh Uploaded on 25.11.2025