Anh Hoa v. THE STATE OF BIHAR

Judgment

1. Versus The State of Bihar through the Chief Secretary, (Home), Government of Bihar, Patna

2. District Magistrate, Bodh Gaya, District- Gaya, Bihar.

3. Superintendent of Police, Bodh Gaya, District-Gaya, Bihar. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s :

Mr. Zeeshan Khan Mr. Ashar Akhta Mr.Aiman Hassan Mr. Saba Ashfaque Mr. Kaleum Akhtar Mr. Afham Akhtar Mr. Standing Counsel (13) Mr. Mr. Bijay Bhushan Prasad, A.C. to S.C. 13 For the Respondent/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 25-08-2025

1. The S.R. defects, pointed out by the Office, are ignored.

2. The present writ application has been filed in representative capacity by the petitioner in respect of the petitioner and twenty eight other monks. They all are foreign nationals and Buddhist monks seeking direction of this Court to restrain the Police and / or District Authorities from dispossessing them from the premises of the Eye Hospital under Bhansali Trust, Bodh Gaya and allow them to stay in the premises till 15.09.2025 after which they shall commence their religious walking pilgrimage from Bodh Gaya to Lumbini in Patna High Court CWJC No.13286 of 2025(2) dt.25-08-2025 Nepal and after that they will leave the territory of India.

3. Learned counsel for the petitioner submits that petitioner and other twenty eight monks are bona fide religious pilgrims visiting the Holy Mahabdhi Temple in Bodh Gaya on valid tourist Visa issued for 01 – 05 years. They arrived in India between January, 2025 to July, 2025 and are currently residing at the Eye Hospital under Bhansali Trust, Bodh Gaya having residential accommodation for the monks under the aegis of Bhansali Trust.

4. He further submits that as per Rule 7 of the Registration of Foreigners Rules, 1992 read with Section 7 of the Foreigners Act 1946 it is the duty of the keeper of any premises whether furnished or unfurnished where lodging or sleeping accommodation is provided to submit an information in respect of foreigners accommodated in such premises as may be prescribed. The procedure for submitting the information in respect of foreigners accommodation is also provided in Section 7 of the Foreigners Act, 1946 as well as Rule 7(2)(a)(b) of the Registration of Foreigners Rules, 1992.

5. The petitioner’s provided the necessary information to the Trust but due to language barrier and lack of legal awareness the petitioner failed to fill Form ‘C’ as such registration could not Patna High Court CWJC No.13286 of 2025(2) dt.25-08-2025 be completed by the Trust within time however now the process has been completed and Form ‘C’ has already been submitted by the Samanway Ashram and application I.D. has been generated.

6. Regarding arrival report of the foreigners, a copy of the Form -‘C’ of all the monks have been produced during the course of argument which is kept on record. It has further been argued that due to disruption caused by certain unauthorized bloggers, self proclaimed volunteers and administrative pressure upon the petitioner and his group a request was made to them to vacate the premises on 06.08.2025. The petitioner / foreigners submitted a written request before the District Magistrate, Bodh Gaya seeking permission to continue residing in the current premises until 15.09.2025 after which the petitioner and 28 other monks will leave the country and will start spiritual walking pilgrimage to Lumbini, Nepal.

7. Learned counsel placed reliance upon the Delhi High Court’s order dated 15.07.2025 passed in W.P. (C) No. 9705 / 2025 whereby interim protection was granted against obstruction and interference by unauthorized individuals / miscreants during spiritual visit of the monks.

8. On the other hand, learned counsel for the State argued that Union of India is a necessary party and the petitioner has Patna High Court CWJC No.13286 of 2025(2) dt.25-08-2025 not made Union of India of India as party however the petitioner has already filed representation and the District Magistrate, Gaya ( respondent no. 2) may be directed to look into the matter.

9. I have heard learned counsel for the parties and have gone through the material on record. Primarily the grievance of the petitioner is that due to non submission of Form ‘C’ by the Trust the petitioner’s accommodation in the Trust’s premises is being obstructed and at present, according to learned counsel for the petitioner they have been ousted from the premises and are living on the road under open sky. The petitioner has undertaken to vacate the premises by 15.09.2025 and to maintain public order in compliance with the legal formalities during the stay. This Court has been informed that Form – ‘C’ has duly been submitted On-line by the Trust namely Samanway Ashram and application I.D. of all the monks has been generated.

10. Considering the facts and circumstances as aforesaid particularly the limited and time bound nature of relief sought for and the fact that petitioner / foreigners who are Buddhist monks are residing under open sky and the fact that Form ‘C’ has already been filled up and application I.D. has been generated accordingly forced eviction of the petitioner and his Patna High Court CWJC No.13286 of 2025(2) dt.25-08-2025 group of monks would result in grave hardship to them. Therefore, this Court is of the opinion that petitioner’s stay in Samanway Ashram i.e. Trust shall not be disturbed by any outsider and / or District Administration or any public authority under the guise that petitioner did not submit Form – ‘C’ within time. The Police authorities and the District Administration are further directed to protect the fundamental rights of the petitioner under Article 21 of the Constitution of India during their stay in this country and shall ensure safe passage of the petitioner at the time of leaving India to Lumbini, Nepal.

11. Considering submission of learned counsel for the petitioner that Bhansali Trust, Bodh Gaya is not creating any problem to the petitioner or his group of monks, accordingly, the Bhansali Trust, Bodh Gaya is directed to take back the petitioner in the premises till 15.9.2025.

12. The District Magistrate, Bodh Gaya and the police authority are further directed to ensure that no unauthorized individual including bloggers or self proclaimed volunteers who have no affiliation with the Trust are allowed to interfere in the petitioner’s religious practices during their stay at Bodh Gaya. The petitioner shall also co-operate in all legal immigration formalities and shall ensure that they vacate the Patna High Court CWJC No.13286 of 2025(2) dt.25-08-2025 premises on or before 15.09.2025 as per their undertaking

13. With the aforesaid observation and direction, this writ application is disposed of. praful/-A.F.R. U (Anil Kumar Sinha, J)