Swami Damodar Prapannacharya v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1927 of 2016 ====================================================== Swami Damodar Prapannacharya, Chela/Pupil of Late Swami Raghwacharya of 'Ramanuj Math' & Swami Raghvendracharya Tridandi Ayurved Medical College and Hospital, Karjara Gaya and Deoghat, Gaya, P.S. & District - Gaya, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Home, Government of Bihar, Patna

2. The Registrar, Cooperative Societies, Bihar, Patna

3. The Commissioner, Gaya, Magadh Division, Gaya, Bihar

4. The District Magistrate, Gaya, Bihar

5. The Sub Divisional officer, Tehsil Sadar, District Gaya, Bihar

6. The Senior Superintendent of Police, Gaya, Bihar

7. The Station officer, Police Station - Vishnupad, District - Gaya, Bihar

8. The Principal, 'Swami Raghvendracharya Tridandi Ayurved Medical College and Hospital', Deoghat, Gaya District Gaya, Bihar

9. Ram Pukar Mishra, Manager of Ramanuj Math/Rajsthan Bhawan/Clerk in 'Swami Raghvendracharya Tridandi Ayurved Medical College and Hospital,' Deoghat, Gaya District Gaya, Bihar

10. Swami Venketeshacharya - Mahanth 'Ramanuj Math, Deoghat, Gaya, Bihar

11. Swami Laxmi Prapannajiyar, Chela - Swami Viswak Senacharya, Tridandi Swami, R/o Tridandi Swami Samadhisthal Charitravan, Buxar, Bihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Respondent/s : Mr.G.P. Ojha, GP-22 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-02-2016 Heard the counsel for the petitioner and Mr.

G.P. Ojha for the State.

On going through the pleadings including the prayer made in the writ petition, it appears to be a case of civil dispute relating to the Math in question which runs a

Patna High Court CWJC No.1927 of 2016 (2) dt.26-02-2016 2/3 college also called Swami Raghvendracharya Tridandi Ayurved Medical College and Hospital, Karjara, Gaya. In substance, the petitioner wants a declaration on the strength of Annexures-1 and 2 that he is the adopted Chela of Swami Ragwacharya. It is stated that the respondents arbitrarily got the declaration (Annexure-1) annulled/cancelled before the death of Swami Ragwacharya whereafter he was done to death. The contention of the petitioner is that until the dispute with regard to Mahantship of the Math in question is decided in accordance with law, the affairs of the College run by the Math be directed to be taken control of by the State respondent(s).

Having made submissions at some length and considering the difficulty the Court shall have in invocation of the writ jurisdiction in such matter, Mr. Mishra submits that the petitioner shall ventilate his grievance before the respondent District Magistrate. Without opining any view on the jurisdiction of the District Magistrate as also the merit of the claim, it is observed that if any such representation/application is filed, the District Magistrate, Gaya shall consider and

Patna High Court CWJC No.1927 of 2016 (2) dt.26-02-2016 3/3 dispose of the same in accordance with law.

The application stands disposed of.

(Kishore Kumar Mandal, J) HR/- U