This PIL challenged the sale of old church properties in Buxar town by the church committee. The Court held that since the committee decided to sell, the remedy lies in filing a suit if the sale contradicts other laws; PIL was unsuited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13175 of 2014
====================================================== Shalini Andrews, Daughter of Arik Andrews, Resident of Mohalla Musafirganj, P.S. Buxar, District- Buxar. .... .... Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Chief Secretary, Government of Bihar, Patna. 3. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar. 4. The Principal Secretary, Minority Welfare Department Government of Bihar, Patna. 5. The Home Secretary, Government of Bihar, Patna. 6. The Director General- cum- Inspector General of Police, Bihar, Patna. 7. The Superintendent of Police, Buxar. 8. The District Magistrate, Buxar. 9. The Officer- in- Charge, Buxar Town Police Station, Buxar. 10. The Charity Commissioner, Public Trust, Greator Bombay Resion Bombay, Mumbai. 11. The Medhodist Church in Nothern India, through its General Secretary, Methodist Church Central, Y.M.C.A. Road, Mumbai, Central, Mumbai400 008. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Mishra,Adv. For the Respondent/s : Mr. Namrata Mishra,GA.13 Mr. Alok Ranjan, AC to GA 13 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 08-01-2015 The petitioner claims that she professes Christianity. This writ petition is filed with a prayer to direct the respondents herein to protect the old church and the attached properties in Buxar town. In the writ petition and the annexures, it is mentioned that the committee,
Patna High Court CWJC No.13175 of 2014 (2) dt.08-01-2015
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which is in charge of the administration of the church, has decided to sell the property through resolution dated 2.9.2013 and though such step is contrary to the provision of the Place of Worship Act, 1991, the State of Bihar is not taking any steps. The representations are stated to have been made in this behalf.
Heard learned counsel for the petitioner Mr. Ashok Kumar Mishra and learned counsel for the respondents Mrs. Namrata Mishra.
The petitioner may be anxious to protect the religious institutions. The fact, however, remains that the committee which is vested with the power to administer the churches and its properties has taken a decision on 2.9.2013 to sell the property. The minutes of the meeting of the committee which are placed before us disclose that it was decided to sell the property for a consideration of Rs.66,00,000/- in favour of one Shyam Narayan Singh.
If the petitioner is of the view that the sale and other transactions are contrary to any other provision of law, the only course left is to file a suit in this behalf. This Public Interest Litigation is totally unsuited for this purpose.
The writ petition is accordingly dismissed.
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Interlocutory application, if any, stands
disposed of.
There shall be no order as to costs.
(Rajendra Kumar Mishra, J)
K.C.jha/Shail U
1 issue framed by the court
Whether the petitioner can seek protection of church properties via a public interest litigation or should file a private suit.
Shalini Andrews
The State of Bihar through the Chief Secretary, Government of Bihar
The Chief Secretary, Government of Bihar
The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar
The Principal Secretary, Minority Welfare Department Government of Bihar
The Home Secretary, Government of Bihar
HONOURABLE THE CHIEF JUSTICE
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
