Rama Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10253 of 2014 ======================================================

1. Rama Singh S/O late Laxman Singh R/O Village - Bhadari P.O. Barari, P.S. - Bhabhua, District - Kaimur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Bihar State Board of Religious Truste, through its Chairman, Vidyapati Marg, Patna.

3. The Chairman, Bihar State Board of Religious Trusts, Vidyapati Marg, Patna.

4. Dudhnath Paswan Son of Ramroop Paswan Adhyaksh, Trust Committee, Shri Thakur Ram Janki Ji Mandir, Village - Bhadari, P.O. - Barari, P.S. - Bhabua, District - Kaimur.

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

For the Petitioner/s : Mr. Anjum Perveen For the Respondent/s : Mr. Ganpati Trivedi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2018 Heard Mr. Arshad Alam, the learned counsel appearing on behalf of the petitioner and Mr. Ganapati Trivedi, learned senior counsel appearing on behalf of the Bihar State Board of Religious Trust and the learned counsel for the State.

The petitioner has filed this writ petition for setting aside the order dated 03.09.2013, as contained in Annexure '5'. It appears from the order impugned that the Chairman, Bihar State Board of Religion Trust exercised the power conferred on him under Sub Section(1) of Section 32 of the Bihar Hindu Religion Trust Act, 1950.

Patna High Court CWJC No.10253 of 2014 (9) dt.17-01-2018 2/2 Sri Arshad alam, learned counsel for the petitioner submits that no notice was given to the petitioner but there is alternative remedy as provided under Sub Section (3) of Section 32 of the Act and if the petitioner is aggrieved by the order of constituting a Trustee Committee, the petitioner may file petition under sub Section (3) of Section 32 of the Act before the District Judge within one months and on such, the learned District Judge without unsuiting on limitation shall hear the petitioner and Religious Trust Board and pass order in accordance with law. If the petitioner filed any stay petition for stay of Annexure '5', the learned District Judge shall also consider the same on its own merit.

With this observation this writ petition is disposed of. (Prabhat Kumar Jha, J) Sanjeev/- U T