Mahanth Ramnaresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3129 of 2020 ====================================================== Mahanth Ramnaresh Das Disciple of Late Bansi Das, Kabirpanthi Math Mahanth, Dariapur, Patna, P.s.- Fatuhan, District- Patna, presently residing at Kabir Panthi Math, Harauna- Kalyanpur, P.s.- Motipur, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Patna 2.

The Chairman, Bihar State Religious Trust Board, Vidyapati Bhawan Marg, P.s.- Kotwali, District- Patna, Pin Code- 800001 3.

Parmanand Das, son of not known to the petitioner, Kabir Panthi Math, Fatuhan, Dariapur, Police Station- Fatuhan, District- Patna 4.

Brajesh Muni, son of not known to the petitioner, Kabir Panthi Math, Fatuhan, Dariapur, Police Station- Fatuhan, District- Patna 5.

Vivek Das Acharya, son of not known to the petitioner, Kabir Chaura, Gaddi, Varanasi, P.s. and District- Varanasi (Uttar Pradesh) ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Prasad, Advocate For the State :

Mr. Rajesh Kumar AC to GP 3 For the Bank :

Mr. Ganpati Trivedi, Senior Advocate :

Mr. Aishwarya Shree ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2023 Heard Mr. Ajay Prasad, learned counsel for the petitioner and Mr. Ganpati Trivedi, learned Senior counsel, who represent the Trust board as also the State.

The present writ application has been filed for the quashing of the order dated 23.09.2019 passed by the Chairman,

Patna High Court CWJC No.3129 of 2020(2) dt.01-08-2023 2/3 Bihar State Religious Trust Board whereas the appointment of the petitioner as Mahanth has been cancelled and respondent no. 4, Brajesh Muni has been appointed in place of the petitioner for looking after the entire moveable and immovable property of the Math without notice and/or the petitioner. After some argument learned counsel for the petitioner candidly accepted that he has an alternative remedy by moving before the District Judge under section 48 of the Bihar Hindu Religious Trust Act, 1950 seeking permission from the board.

Mr. Ganpati Trivedi, learned Senior counsel submits that on 21.04.2022 a decision has already been taken in this regard and in the light of said order, the petitioner can move before the District Judge.

He further clarified that both the petitioners as also the respondent no. 4 stand removed and are no longer acknowledged as 'mahanth' of the said 'math'. Learned Senior counsel provided a copy of the said order dated 21.04.2022 and the submission put forward by him stands incorporated in the said order.

Let the same be kept on record.

As the learned counsel for the petitioner himself

Patna High Court CWJC No.3129 of 2020(2) dt.01-08-2023 3/3 submitted that he is seeking an alternate remedy, in the light of order dated 21.04.2022, is well advised to follow section 48 of Bihar Hindu Religious Trust Act.

The present writ petition stand disposed of.

(Rajiv Roy, J) Jagdish/Jyoti/- U