Surendra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11607 of 2017 ====================================================== Surendra Rai S/o Late Anup Lal Rai Resident of Village - Bardiha Turki, P.O. Bardiha, P.S. Patepur, District Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Revenue Department, Bihar.

2.

The District Magistrate, Vaishali.

3.

The Superintendent of Police, Vaishali.

4.

The Deputy Collector Land Reforms, Mahua, Vaishali. 5.

The President, Religious Trust Board, Bihar, Patna. 6.

Mahanth Sugriv Das Chela of Ram Kinkar Das Resident of Village - Bardiha Turki, P.O. Bardiha, P.S. Patepur, District Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Respondent/s :

Mr. S.C. Yadav- Gp15 For the Board :

Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned Senior counsel for the Bihar State Board of Religious Trust.

The present writ application has been filed seeking a direction to restrain the respondent no.6 from selling the property of the Math, namely, Ram Janki Math situated at Village-Bardiha, P.O.-Bardiha, P.S. and Block-Patepur, DistrictVaishali. Learned counsel for the petitioner submits that respondent no.6 is selling the land of the Math in question

Patna High Court CWJC No.11607 of 2017(2) dt.16-03-2023 2/2 without having any authority for which an application was made to the Board in the year 2013, as would be evident from Annexure-3 to the writ application.

In view of the submissions made and in the nature of relief sought by the petitioner, the Court is not inclined to entertain the writ application.

Accordingly, the writ application is dismissed. The petitioner, if aggrieved by the action of the respondent no.6, can avail his remedies under Section 44A of the Bihar Hindu Religious Trusts Act, 1950.

(Satyavrat Verma, J) Rishi2/MayankU