Madan Gopal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4847 of 2026 ====================================================== Madan Gopal Son of Late Janme Jai Mahto, Resident of Village- Singhiya Bujurg (North), Anchal and P.S.- Bibhutipur, District-Samastipur, at present residing at B-2/6 Rajdhani Apartment, Road no. 1, Mahesh Nagar, P.S.-S.K. Puri, District-Patna-800020.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Commissioner, Darbhanga Division, Darbhanga. 3.

The Collector, Samastipur, District- Samastipur. 4.

The Sub-divisional Officer, Rosera, District- Samastipur. 5.

The President, Bihar State Religious Trust Board, Vidyapati Marg, Patna. 6.

Om Prakash Mahto, Son of Late Mahendra Mahto, alleged Secretary of Ram Janki Mandir, Singhiya Bujurg (North), P.S. and Anchal- Bihutipur, DistrictSamastipur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr. Md. Anisur Rahman, Advocate For the State :

Mr. Sanjay Kumar, AC to GP-23 For the B.S.B.R.T.

:

Mr. Shekhar Singh, Sr. Advocate Mr. Sumit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2026 Heard learned counsel for the petitioner and learned Senior Counsel for the Bihar State Board of Religious Trusts ('BSBRT' in short).

2. The petitioner has filed the instant application for the following reliefs :- "A. For issuance of appropriate writ/ order or direction for quashing the order dated 01.08.2025 passed in Misc. Case no. 65/2024 by Sessions Judge, Samastipur by which the case

Patna High Court CWJC No.4847 of 2026(2) dt.07-04-2026 2/3 filed under section-32, Clause (3) of Bihar Hindu Religious Trust Act filed by the petitioner has been dismissed on the ground of delay as contained in Annexure-P/9 to this writ application.

B. For issuance of appropriate writ/ order of direction for quashing the notification issued under Memo 2978 to 2988 dated 29.11.2004 issued by the respondent no. 5 the Chairman, Bihar Religious Trust Board by which the Private Ram Janki Mandir of the petitioner situated in village Singhiya Bujurg P.S. Bibhutipur District-Samastipur has been declared as public mandir without hearing to the petitioner as contained in Annexure-P/2 to this petition.

C. For an issuance of writ of certiorari or any other appropriate writ or writs for quashing the order dated 25.02.2023 passed by the respondent no. 5, as contained in Annexure-P/4 to this writ petition, whereby and whereunder the Private Ram Janki Mandir has been declared as public Mandir by the Committee constituted by the Bihart State Religious Trust Board, respondent no. 5 and refused to entertain the objection of the petitioner without going through the documents filed by the petitioner and directed advised to redress grievances in the proper and competent court.

D. For issuance of appropriate order or direction declaring the said Mandir of the

Patna High Court CWJC No.4847 of 2026(2) dt.07-04-2026 3/3 petitioner as his private Mandir.

E. For any other relief or reliefs for which petitioner is found entitled in the opinion of this Hon'ble court."

3. At the outset, it is submitted by learned Senior Counsel appearing for the BSBRT that the order impugned passed by the learned Session Judge, Samastipur would need to be challenged by filing an appropriate appeal under section 55 of the Bihar Hindu Religious Trusts Act, 1950.

4. In view of the above, learned counsel for the petitioner seeks permission to withdraw the instant application with liberty to file the appeal.

5. The application stands disposed of as withdrawn with the aforesaid liberty.

(Partha Sarthy, J) avinash/- U