Jyoti Shankar Giri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9501 of 2018 ====================================================== Jyoti Shankar Giri Son of Bharat Giri Resident of Village - Ward No. 1, Areraj, Police Station - Areraj, District - East Champaran. ... ... Petitioner/s

Versus

1.

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

The Collector-cum-District Magistrate, East Champaran, Motihari. 3.

The Sub Divisional Officer, Areraj, District - East Champaran, Motihari. 4.

The Circle Officer Areraj, District - East Champaran, Motihari. 5.

The Bihar State Religious Trust Board through its Chairman, Vidyapati Marg, P.S. Budha Colony, District-Patna.

6.

The Superintendent, Bihar State Religious Trust Board, Vidyapati Marg, P.S. - Budha Colony, District-Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Respondent/s :

Mr. S.K. Mandal- SC-3 Mr. Arjun Prasad Singh, AC to SC-3 Mr. Shekhar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-04-2023 Heard the learned counsel for the petitioner, learned counsel for the State and Shri Shekhar Singh, the learned counsel for the Bihar State Board of Religious Trust. The writ application has been filed seeking a direction upon the Religious Trust Board to constitute a Managing Committee to manage the affairs of Shri Someshwar Nath Mahadev Mandir, Areraj and Areraj Math for which recommendation has been made by the S.D.O., Areraj, through the Collector, East Champaran as in absence of any Managing Committee there is situation of lawlessness and there is apprehension of breach of

Patna High Court CWJC No.9501 of 2018(2) dt.06-04-2023 2/3 peace on account of illegal act of the Mahanth and even the local people are unable to approach the temple/math for the purposes of worshipping.

The learned counsel for the petitioner, at the outset, submits that the petitioner would be satisfied if a direction is issued upon the Board for constituting a Committee in accordance with law of the aforesaid temple/math. Learned counsel appearing for the Board does not dispute the contention of the learned counsel for the petitioner and submits that in the event, if the petitioner files a fresh representation, the same shall be looked into and decision would be taken expeditiously in accordance with law, after appreciating and considering the relevant facts. In view of the submissions made by the learned counsel for the parties, the writ application is disposed of with a direction to the petitioner to file a fresh representation before the Chairman of the Board within a period of fifteen days from today for seeking redressal of his grievance, as raised in the present writ application.

In the event, if any such representation is filed by the petitioner before the Chairman of the Board by 21.04.2023, the Chairman of the Board shall be obliged to take a decision on the

Patna High Court CWJC No.9501 of 2018(2) dt.06-04-2023 3/3 representation of the petitioner within a period of three months from the date of receipt of the presentation in accordance with law.

(Satyavrat Verma, J) Rishi-II/- U