Mahant Mahabir Das And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5788 of 2017 ===========================================================

1. Mahant Mahabir Das son of Mahant Kaushal Kishore Das,Ram Janki Ballav Thakurbari, Bihpur, District-Bhagalpur at present resident of Biri Ranpal, Via- Bihariganj, District-Madhepura.

2. Dinesh Jha son of Late Pulkit Jha, at present resident of Biri Ranpal, Via- Bihariganj, District-Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Bhagalpur

3. The Administrator, Bihar State Board of Religious Trust, Vidyapati Marg. Patna.

4. The Superintendent, Bihar State of Religious Trust Vidyapati Marg, Patna.

5. The Sub Divisional Officer, Navgachia, District-Bhagalpur.

6. The Officer-in-Charge, Bihpur Police Station, District-Bhagalpur.

7. Mahanth Nawal Kishre Das son of Late Ram Swaroop Jha, Resident of Village- Bihpur, District-Bhagalpur.

8. Sri Pramod Singh son of Baleshwar Singh, Resident of Village-Bikrampur, P.O.+P.S.-Bihpur, District-Bhagalpur

9. Sri Raj Kishore Poddar son f Late Bhajgi Poddar, Resident of Village-Bihpur, District-Bhagalpur.

10. Sri Rajani Raman Jha son of Late Nilambar Jha, Resident of Village- Bhremarpur, P.O. + P.S.-Bihpur, District-Bhagalpur.

11. Sri Mahendra Choudhary son of Late Dipak Choudhary, Resident of Village- Bihpur, P.S.-Bihpur, District-Bhagalpur.

12. Sri Mohan Jha son of not known to the petitioner, Resident of Bihpur, District- Bhagalpur.

13. Sri Ramesh Yadav son of Banarsi Yadav Resident of Village-Biri Ranpal, District-Madhepura.

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

For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate For the B.S.B.R.T. : Mr. Ganpati Trivedi, Sr. Advocate For the State : Mr. Md. Obaidullah, A.C. to S.C.-10 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 02-01-2018 The grievance of the petitioners in the present writ application relates to framing of scheme for temple in question and constitute a committee under Section 32 of the Bihar Hindu Religious

Patna High Court CWJC No.5788 of 2017 dt.02-01-2018 2/2 Trust Act, 1950 (for short 'the Act') for administration thereof vide Annexure-4 to the writ application and also for seeking mandamus against the Board for appointing him as Mahanth of the said temple.

2. In view of availability of equally efficacious statutory remedy under Sub Section (3) of section 32 of the Act to the petitioner, I am not inclined to entertain the present writ application in extraordinary writ jurisdiction.

3. Accordingly, the writ application is disposed of with liberty to the petitioners to seek statutory remedy available under the law.

(Ashwani Kumar Singh, J) Md.S./- AFR/NAFR NAFR CAV DATE ---------- Uploading Date 03.01.2018 Transmission Date N/A