ASHWANI KUMAR SINGH, J.:–The reliefs which the petitioner is seeking in the present writ application filed under Article 226 of the Constitution of India is being verbatim reproduced herein, which read as under:—

“(I) For issuance of an appropriate writ/s, order/s, Direction/s for quashing the order dated 20.02.2019 passed in Appeal No. 5(N)/2016 whereby and under the respondent no. 4 was pleased to dismiss the appeal though a finding has been giving that the respondent no. 3 filed wrong affidavit and as such a direction was issued to pay a fine of Rs. 1,00,000/- in the account of State Legal Services Authority, Bihar, Patna.

(II) For issuance of an appropriate writ/s, order/s, Direction/s to the respondents to issue appropriate direction for restraining the respondent no. 3 for making construction vide Plan Case No. CKA/PMC/Mauja- Adra /PCN/SB+G+17/13/2010 which was sanctioned by the Certified Architect on M.S. Plot No. 157,158,159 (part), 160,161, 162 & 60(part) holding no. 223,224,225 within ward no.1, seat no. 2 &3, circle no. 3, Revenue Thana No. 20, Mauza -Adra, Principal Road, Lodipur, P.S. Buddha colony, District- Patna admeasuring about7.52 Acres.

(III) For issuance of an appropriate writ/s, order/s, direction/s to the respondent no. to cancel the map sanctioned by certified Architect for construction of multi storied building vide plan case no. CKA/PMC/Mauja- Adra /PCN/SB+17/13/2010.

(IV) To pass such other order/orders as your Lordships may deem fit and proper in the facts and circumstances of this case.”

2. During pendency of the writ petition, the petitioner has filed an interlocutory application vide I.A. No. 1 of 2022 wherein a prayer has been made for restraining the respondent nos.1 and 2 from issuing completion certificate of the building erected over the property in question.

3. The contention of the petitioner Baptist Union Church is that the properties measuring about 7.52 acres of M.S. Plot Nos. 157, 158, 159 (part), 160, 161, 162 and 60 (part), Holding Nos. 223, 224 and 225 within Ward No.1, Sheet No.2 and 3, Circle No.3, Revenue Thana No. 20, Mauza- Adra, Principal Road- Lodipur (formerly Patna-Gaya Road), Mohalla- Lodipur, P.S.- Buddha Colony, District- Patna ( disputed properties for short) belongs to the petitioner after the original land holder Baptist Missionary Society Corporation (for short ‘BMSC’) shifted its office to London after Independence. When the properties of the Baptist Missionaries and Churches were intermeddled by the land grabbers, a civil suit was filed before the Delhi High Court bearing T.S. No. 416 of 1996, in the schedule of the disputed properties in the suit, the description of the disputed properties was also included. Vide orders dated 16.02.1996 and 22.03.1996 passed by the Delhi High Court, the defendants of the suit were restrained from transferring, alienating or encumbering in any manner, the properties as per the Schedule-A to the plaint. However, during the pendency of the suit, the disputed properties mentioned hereinabove were sold through a registered sale deed in favour of respondent no.3. The said sale deed was executed by one Asit Kumar Ghosh, who was holding Power of Attorney from the Baptist Missionary Society Corporation. (for short ‘BMSC’)

4. The further contention of the petitioner is that the land in question was purchased for the use of the Baptists of Patna town and after Independence of the country; the original land holder had no claim because the foreigners or the foreign organization cannot hold property in India. On the basis of the misrepresentation made before the Reserve Bank of India, the BMSC was successful in transferring the land to the respondent no. 3 by a Power of Attorney in the name of saving the property from unscrupulous persons and utilization of the sale proceeds for the welfare of the Baptist community. During pendency of Title Suit No. 416 of 1996, which was later on transferred to Tis Hazari Court, Delhi for its disposal and was numbere