M.KARPAGA VINAYAGAM, C.J. - (1.) CITIZEN Forum, Jharkhand, Ranchi has filed this Public Interest Litigation seeking for various reliefs, which are as follows: (i) The respondents, the authorities of the State Government shall be restrained from making construction of Haj House in front of Kadru Masjid on the Government land; (ii) The Notification No. 1786 dated 12.06.2006 by which the land in question is allotted for construction of Haj House for the benefit of the particular religion shall be quashed; (iii) Direction shall be issued to the respondents to construct building for the use of Argora Police Station and the residential apartment for the police officials; (iv) Direction shall be issued to the respondents to develop Argora Railway Station and remove encroachment surround Railway Station.
(2.) ACCORDING to the petitioner, the Citizen Forum, Jharkhand, Ranchi, represented by its Convener Nawal Kishore Singh is an organization dedicated for the benefit of common men and all citizens of India irrespective of the caste and community. The organization came to know that the respondents -State is going to construct a Haj House on the Government land, which is allotted by the State Government in favour of Muslim Community in order to win their votes. Therefore, the organization sent a representation dated 15.06.2007 opposing the action of the respondent -State in allotment of Government land. However, there was no response for the said representation. Hence, this petitioner has filed this Public Interest Litigation. According to the counsel for the petitioner, the allotment of the Government Land, Aam Land, which is a prime location of Ranchi City in favour of the Muslim Community to construct a Haj House is against the various provisions of the Constitution and the Manual, i.e., Bihar Government Estate (Khas Mahal) Manual in violation of the mandate. He also pointed out the order of allotment dated 12.06.2006 itself would indicate that in the order the Department of Revenue and Land Reforms allotted this Aam land Plot No. 167 Area 0.75 acres, Khata No. 164 for the construction of Haj House and this allotment in favour of Muslim Community is against the Manual as well as against the provisions of the Constitution and the construction should not be allowed since Hindu festivals are being conducted in that area periodically.
(3.) AS directed by this Court, the Counter Affidavit has been filed by the State giving the details of the factual position.;