Chandra Kishore Thakur v. The Bihar State Board Of Religious Trust Through Its Administrator And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1302 of 2019 ====================================================== Chandra Kishore Thakur Late Ram Narayan Das Resident of VillageBalgovind, Post Office- Champavati, Police Station- Sarasi, District- Purnia, Being Manager of Sri Ramjanaki Virajman Mandir Trust, Belagovind, Post Office- Chamapavati, Police Station- Sarasi, District- Purnia ... ... Petitioner/s

Versus

1.

The Bihar State Board Of Religious Trust Through Its Administrator and Ors through its Administrator, Vidyapati Marg, Patna 800001, Police StationKotwali, District- Patna 2.

Administrator cum Superintendant, The Bihar State Board of Religious Trust, Vidyapati Marg, Patna 800001, Police Station- Kotwali, DistrictPatna 3.

The State of Bihar through District Magistrate, Purnia 4.

The Circle Officer Dhamdaha, District- Purnia 5.

Vimal Kishore Thakur Late Ram Narayan Das @ Late Ram Narayan Thakur Resident of Village- Belagovind, Post Office- Champavati, Police StationSarasi, District- Purnia 6.

Kamal Kishore Thakur Late Ram Narayan Das @ Late Ram Narayan Thakur Resident of Village- Belagovind, Post Office- Champavati, Police Station- Sarasi, District- Purnia 7.

Gayanand Saha @ Gayanand Das Late Sukhdeo Sah Resident of VillageBela Govind, Police Station- Dhamdaha, District- Purnia 8.

Dharam Chand Marandi Ramu Marandi Resident of Village- Ramthan Chikani (Ramgarh), Police Station- Dhamdaha, District- Purnia 9.

Shivlal Hembram Bhaiyalal Hembram Resident of Village- Ramthan Chikani (Ramgarh), Police Station- Dhamdaha, District- Purnia 10.

Ramlal Hembram Bhaiyalal Hembram Resident of Village- Ramthan Chikani (Ramgarh), Police Station- Dhamdaha, District- Purnia ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar Sinha, Sr. Advocate For the State :

Mrs. Surekha Kumari, AC to GP 18 For the BSBRT :

Mr. Ganpati Trivedi, Sr. Advocate Mr. Madan Mohan, Advocate For the Res. Nos. 7 to 10:

Mr. Sanjay Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

2/4 ORAL ORDER 17-07-2023 Heard Mr. Devendra Kumar Sinha, learned Senior Counsel appearing on behalf of the petitioner and Mr. Ganpati Trivedi, learned Senior Counsel appearing for the Bihar State Board of Religious Trust, Patna.

The present petition has been filed for the issuance of:- i) an appropriate writ/ writs, order/ orders, direction/ directions as also for the issuance of writ in the nature of certiorari to quash the Order of Registration made by the Respondent no. 2 suo moto and;

ii) further for issuance of writ in the nature of certiorari to quash the order dated 27.9.2018 passed by the Respondent no. 2, the Administrator by which it restrained the petitioner in respect of alienation/ transfer/ mortgage of the properties of Ramjanaki Mandir, Belagovind holding that if done will be void ab initio and by the same order the District Magistrate, Purnia (Respondent 2nd set) has been directed to take care of and for construction of Religious Committee and forward 11 persons name to the Respondent no. 1, the Bihar State Board of Religious Trust;

iii) the petitioner further prays for issuance of writ in the nature of prohibition or mandamus restraining the

3/4 Respondent Authorities including Respondent no 1 (herein after referred the Religious Board) from interfering from right of property of petitioner to manage Temple he being Manager of Private Family endowment;

iv) the petitioner further prays to stay the order dated 27.9.2018 passed by the Respondent no. 2 and subsequent consequential order passed by the Respondent no. 2 during pendency of this writ application and;

v) the Petitioner be granted of any other relief/reliefs for which the petitioner found entitled in the facts and circumstances of this case be also given.

With the consent of the parties, the writ petition is disposed of with the following observations:- (i) petitioner to appear before the Respondent- Trust Board within a period of four weeks from today; (ii) the Board thereafter will issue notice to all the stake holders who shall be free to submit documents in support of their respective cases;

(iii) thereafter, after hearing the parties and perusing the records, the Board will take a final decision in the matter and communicate the same to the petitioner and all other stake holders.

4/4 Till a decision is taken in the matter by the Trust Board:- (i) the interim protection granted to the petitioner dated 22.01.2019 by a co-ordinate bench to continue; (ii) the petitioner will not alienate any property relating to the disputed land in question.

The writ petition stands disposed of with the aforesaid observations.

(Rajiv Roy, J) Neha/- U