Sadhvi Vimal Dasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 2898 of 2024 ====================================================== Sadhvi Vimal Dasi W/o Laxman Das and D/o Late Munshi Das, Resident of Village Hasanpur, Ward No. 4, P.S.-Rajgir, District Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.
The Principal Secretary, Art and Culture, Bihar, Patna. 3.
The District Magistrate, Nalanda at Biharsharif. 4.
The Sub Divisional Officer, Rajgir, District-Nalanda. 5.
The Circle Officer, Rajgir, District-Nalanda. 6.
The Officer in Charge, Rajgir Police Station, District-Nalanda. 7.
The President, Bihar State Religious Trust Board, Vidyapati Marg, Patna800001. 8.
The Administrative Additional Superintendent of Bihar State Religious Trust Board, Vidyapati Marg, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binit Kumar, Advocate For the Respondent/s :
Mr. Kamlesh Kishore AC to SC 12 For Res Nos. 7 & 8 :
Mr. Shekher Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-07-2024 Heard Mr. Binit Kumar, learned counsel for the petitioner as also Mr. Shekher Singh, learned counsel representing respondent nos. 7 & 8 and Mr. Kamlesh Kishore, learned AC to SC-12.
2. The present petition has been preferred for the following reliefs:
(i) to issue an appropriate writ(s), order(s) or direction(s) particularly in nature of certiorari to quash the notice dated 11.12.2023 contained in letter no. 3127
Patna High Court CWJC No. 2898 of 2024(2) dt.02-07-2024 2/3 under signature of the Respondent no. 8. The Administrative Additional Superintendent, Bihar State Board of Religious Trust, Patna who put signature on 04.12.2023, whereby and under, the authority concerned asked show-cause from the petitioner, that "under what circumstances she sold out the land allegedly belonging to the religious trust"
through, quite arbitrarily, illegally and without jurisdiction, since the property concerned is private land of the petitioner and has no connectivity with the Board (ii) the petitioner further prays to issue an appropriate writ(s) commanding and directing the respondent(s) concerned to restrain the disturbing continuous and peaceful possession of the lady petitioner, since the local police officer oftenly comes to residential house of the petitioner and make many kind of arrasting threatening including instituting a criminal case and asserting her " and/or grant any other equitable relief(s) befitting in the facts and circumstances of the case.
3. At the outset, learned counsel for the respondents pointed out that letter no. 3127 dated 11.12.2023 issued by the respondent no. 7 has been challenged by the petitioner. Their submission is that if it is ancestral property, he could have very
Patna High Court CWJC No. 2898 of 2024(2) dt.02-07-2024 3/3 well placed the documents before the concerned authority for their submission.
4. This Court finds force in the submission of the respondents.
5. At this stage, learned counsel for the petitioner submits that he will be approaching the concerned respondents alongwith all the relevant documents to make them satisfy regarding bonafide of the land in question.
6. The petition stands disposed with the aforesaid liberty.
(Rajiv Roy, J) kiran/- U