D.N. Patel, J. - (1.) This writ petition has been preferred for the following prayers: That the petitioner who is a Social Worker and Ex - Mukhiya of Suriya Gram Panchayat, Suriya, Giridih prays for issuance of an appropriate writ(s), Order(s), direction(s) to the respondents to restrain the respondent no. - 5 from creating obstruction in the passage to mandir situated over the plot no. 11, 12, 13, 17 of khata no. 72, 58, 28, 200 respectively of mouza Barki Suriya, District - Giridih by making any kind of construction, buildings and encroaching upon the passage of the temple situated inside the campus of the ashram where local villagers used to worship since 1944 though several representations were also filed before the authority concerned to restrain respondent no.5 but till today no action has been taken by the local authority which amounts to infringement of constitutional right of the large numbers of villagers to worship.
(2.) Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that this is not a Public Interest Litigation, at all. This petitioner has raised doubt about ownership of respondent no.5 upon the property which is referred to in paragraph no. 1. A question has also been raised that respondent no. 5 is giving a lease to respondent no.6, which belongs to a public trust, originally. By efflux of time, the said land is now vested in the Government. Learned counsel for the petitioner is unable to point out how the said land is now vested in the Government. Thus, the question remains that whether the land, in question, belongs to Hazaribagh Road Shri Ramkrishna Ashram or it belongs to the Government. Moreover, the authority of respondent no. 5 is also under challenge in giving the property on lease. All these issues cannot be decided in the writ petition.
(3.) Ownership of the property, which is referred herein above, is in question.;