Deolal Murmu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1427 of 2017 ====================================================== Deolal Murmu Son of Late Siral Murmu, resident of Bargaon, Malbari Tola, P.S. Korha, District - Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Katihar 3.

The Sub - Divisional Magistrate, Katihar 4.

The Circle officer, Korha, Katihar 5.

The Block Development officer, Korha 6.

The Bihar State Board of Religious Trust through its Administrator, Vidyapati Marg, Patna 800001 7.

The Superintendent, Bihar State Religious Trust Board, Vidyapati Marg, Patna 800001 8.

Sri Madan Mohan Singh, Son of Late Bhagwan Singh, Resident of village - Binji, Police Station Korha, District - Katihar 9.

Sri Ram Briksh Singh, Son of Late Churaman Singh, Resident of village - Binji, Police Station Korha, District - Katihar 10.

Sri Lal Babu Singh, Son of Late Bihari Singh, Resident of village - Binji, Police Station Korha, District - Katihar 11.

Sri Kalicharan Mahuli, Son of Late Batesher Mahuli, Resident of village - Bawanganj, Police Station Korha, District - Katihar 12.

Sri Prem Nath Singh, Son of Sri Tileshwar Singh, Resident of village - Binji, Police Station Korha, District - Katihar 13.

Sri Ram Baran Singh, Son of Late Prasadi Singh, Resident of village - Bargaon, Police Station Korha, District - Katihar 14.

Sri Dilip Kumar Singh, Son of Late Bilat Singh, Resident of village - Binji, Police Station Korha, District - Katihar 15.

Sri Pandu Tudu, Son of Late Ganga Tudu, Resident of village - Malbari, Police Station Korha, District - Katihar 16.

Sri Rajendra Prasad Yadav, Son of Late Vishwanath Prasad Yadav, Resident of village - Binji, Raziganj, P.S. Korha, District - Katihar 17.

Sri Chandan Kumar Bhagat, Son of Sri Subhash Bhagat, Resident of village - Bawanganj, P.S. Korha, District - Katihar 18.

Sri Ashok Uraon, Son of Late Jhapti Uraon, Resident of village - Bargaon, Tappu Tola, P.S. Korha, District - Katihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prashant Sinha, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan, SC-25

Patna High Court CWJC No.1427 of 2017(3) dt.18-05-2023 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-05-2023 The present writ petition is filed for challenging the Memo No. 2252 dated 17.11.2016 with the following reliefs:- "(i) For issuance of writ in the nature of certiorari for quashing of Memo No. 2252 dated 17-11-2016 issued by the Administrator, Bihar State Board of Religious Trust (hereinafter referred to as Board only) whereby the tenure of the existing Committee of Maa Bhagwati Mandir Trust, Bargaon, P.S.-Kohra, District-Katihar has been extended for a period of five years w.e.f. 0111-2016 with partial modification. (ii) For holding that the Board did not take note of the specific complaint lodged by the Petitioner and other villagers of village-Bargaon against the existing members and office bearers of the Trust Committee, which was filed before the Board on 26-09-2016 and after extension of the period of the Committee, the Board has directed for enquiry into the complaint.

(iii) For necessary direction to the respondent authorities of the Board to grant approval to the Committee constituted by the Aam Sabha of Bargaon Village held on 18.09.2016.

(iv) For staying the operation of Memo No. 2252 dated 17-11- 2016 issued by the Administrator of the Board and also for restraining the office bearers of the Trust Committee appointed vide aforesaid memo to work as members and office bearers of the Trust Committee during the pendency of the writ application.

(v) For a direction to appoint the District Judge, Katihar as the Administrator of the Maa Bhagwati Temple Trust, Bargaon, Korha, Katihar till the matter is finally decided by this Hon'ble Court.

(vi) For any other direction, which your Lordships may deem fit and proper in the facts and circumstances of the case."

A perusal of the impugned proceeding ensures that the term of the committee was extended by five years and the same

Patna High Court CWJC No.1427 of 2017(3) dt.18-05-2023 3/3 has been expired on 01.09.2021 vide Memo No. 942. Learned counsel for the petitioner stated that some of the committees have been extended in spite of the term of the committees having been expired, they are still continuing to administer temple Maa Bhagwati Mandir Trust and in spite of making complaints to the Bihar State Board of Religious Trust, no action has been taken and having regard to the fact that the order impugned the term of five years has already expired. As such, the writ petition is dismissed as having become infructuous, however, the Board is directed to expedite the matter and decide the complaint of the petitioner as expeditiously as possible within a period of three months strictly in accordance with law.

Accordingly, the writ petition stands dismissed. (A. Abhishek Reddy, J) Ayush/- U