Subhash Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2514 of 2014 =========================================================== Subhash Mishra S/O Late Rameshwar Mishra At Residing At Shanti Baba Colony, L.C.T. Ghat, Kahalgaon, District- Bhagalpur, At Present Sevayat, Shri Shri 108 Jageshwar Nath Maadev Mandir ( Raj Ghat Shivalaya), Kahalgaon, DistrictBhagalpur. .... .... Petitioner

Versus

1. The State Of Bihar Through Chairman Of Bihar State Board Of Religious Trust, Vidyapati Marg, Bihar, Patna.

2. The Chairman Of Bihar State Board Of Religious Trust, Vidyapati Marg, Patna.

3. The Administrator Cum Special Executive Officer, Bihar State Religious Trust, Vidyapati, Marg, Patna.

4. The Superintendent Of Bihar State Board Of Religious Turst, Vidyapati Marg, Patna.

5. The District Magistrate, Bhagalpur, District- Bhagalpur.

6. The Sub Divisional Officer, Kahalgaon, Bhagalpur, District- Bhagalpur.

7. The Anchaladhikari, Kahalgaon Cum Secretary Shri Shri 108 Jageshwar Nath Mahadeo Mandir ( Raj Ghat Shivalaya), Kahalgaon, District- Bhagalpur, DistrictBhagalpur.

8. Sri Laxmi Narayan Bhagat @ Laxmi Bhagat, Through Shri Shri 108 Jageshwar Nath Mahadev Mandir ( Aj Ghat Shivalaya), Kahalgaon, District- Bhagalpur. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Sharda Nand Mishra, Advocate For the State : Mr. Syed Hussain Majeed, AC to SC 6 For BSBRT : M/s Ganpati Trivedi, Sr. Advocate and Madan Mohan, Advocate =========================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL JUDGMENT Date: 29-11-2016 Heard learned counsel for the petitioner, the State and the Bihar State Board of Religious Trust (hereinafter referred to as "the Board").

Through this writ application the petitioner seeks quashing notice dated 16.11.2013 issued by the Committee, Shri Shri

Patna High Court CWJC No.2514 of 2014 dt.29-11-2016 2/2 108 Jageshwar Nath Mahadev Committee Mandir, Kahalgao, Bhagalpur. It is contended that he was appointed Pujari for the lifetime constituted by the respondent Board. However, a fictitious committee had removed him vide Annexure 14.

Counter affidavit has been filed on behalf of the Board and a stand has been taken that the respondent Board has issued notice for illegal action by the Committee and reply to the show cause notice was also filed by the said Laxmi Nagarayan Bhagat vide Annexure C. It is submitted that issue is under consideration of the Board, counter affidavit and supplementary counter affidavit have also been filed and appropriate decision would be taken in accordance with law.

Accordingly, this writ application is being disposed of with a direction to the Board to take appropriate action and pass necessary order in accordance with law after hearing all the concerned parties including the petitioner, expeditiously preferably within a period of six months.

(Dr. Ravi Ranjan, J) Spd/- AFR/NAFR NAFR CAV DATE NA Uploading Date 23.01.2017 Transmission Date NA