Surya Narain Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15419 of 2018 ====================================================== Surya Narain Yadav son of Late Bhuneshwar Yadav, resident of Kasturba Nagar, P.S.- Bahadurpur, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Revenue & Land Reforms Department, Govt. of Bihar, Patna 2.

The Secretary, Department of Law, Government of Bihar, Patna. 3.

The Secretary, Bihar Board of Hindu Religious Trust Vidyapati Marg, Patna1. 4.

The District Magistrate, Lakhisarai.

5.

The Sub Divisional Officer, Lakhisarai.

6.

The Circle Officer Suryagarha, Lakhisarai.

7.

Gopesh Muni Das, son of Late Gopal Das, resident of Village- Kesopur, P.S.- Piri Bazar, District- Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Prasad, Advocate For the Respondent/s :

Mr.Md. Khurshid Alam- Aag12 For BSBRT :

Mr. Ganpati Trivedi, Sr. Advocate Mr. Madan Mohan, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 03.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "I. For quashing of the sale deed executed by Shri Gopesh Muni (Respondent no.7)

Patna High Court CWJC No.15419 of 2018(2) dt.06-01-2020 2/3 as Mahanth of Public Hindu religious trust namely Bari Sangat Gola Road (Kora Maidan) Munger to several persons without taking permission from Bihar Hindu religious trust.

II. For direction to the respondents to restrain Respondent no.7 from selling the property/land of Bari Sangat Gola Road (Kora Maidan) Munger which is registered under Bihar Board of Hindu Religious Trust.

III. For any other order/direction in the interest of justice for protection of public trust property."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Patna High Court CWJC No.15419 of 2018(2) dt.06-01-2020 3/3 We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U