Mahant Ramayan Das @ Rameshwar Upadhaya v. Sri Chandeshwari Kalijee And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15178 of 2014 ===========================================================
1. Mahant Ramayan Das @ Rameshwar Upadhaya son of Late Sheo Mangal Upadhaya Resident of village Balihar P.S. Semari District Buxar, At present residing at Manas Mandir, Hanuman Garhi, Sasaram, Mohalla Alamganj Ward No. 12, P.O. & P.S. Sasaram District Rohtas.
.... .... Petitioner/s
Versus
1. Sri Chandeshwari Kalijee
2. Sri Ram Janki Jee
3. Ekadash Mukh Hanusmanjee
4. Panch Mukhi Hanumanjee
5. Sri Shankarjeet and Bram Asthan, idols installed in the temples on village Chanauthu & village Gajrath Mohalla Company Sarai Ward No. 2, Sasaram Town P.O. and P.S. Sasaram District Rohtas through Late Kaushlendra Kumar Singh Chela
6. The Chairman, Bihar State Religious Trust Board, Patna
7. Ravi Kant Singh @ Surya Kumar Singh son of Late Kaushlendra Kumar Singh Chela of Sri Rangdashjee Maharaj, Sewayat, Mutwali Manager and Mahant of Sri Chandeshwari Kalijee, Sri Ram Rankijee, Ekasadh Mukh Hanumanjee and Panch Mukhi Hanumanjee etc. of village Chanauthu & Gajrath Mohalla Company Sarai presently New Ward No. 12 & 9, P.O. & P.S. Sasaram, District Rohtas resident of village Mozari P.S. Sheosagar District Rohtas A/P Mohalla Company Sarai Ward No. 9 PS. Sasaram, District Rohtas.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv For the Respondent/s : Mr. Ganpati Trivedi, Sr. Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 27-10-2016
Patna High Court CWJC No.15178 of 2014 dt.27-10-2016 Heard learned counsel for the petitioner.
It has been submitted by the learned counsel for the petitioner that according to his instruction the sole petitioner is now dead. However, the learned counsel for the petitioner has expressed his inability to inform this Court regarding date of death of the sole petitioner. It has also been accepted on behalf of the petitioner that this application has been filed by the sole petitioner in the capacity of claiming himself to be Mahanth of Manas Mandir, Hanumangarhi, Sasaram and not in his individual capacity. It has been however pointed out that the sole petitioner has also filed his own suit claiming his rights as Mahanth.
In that view of the matter, this application which has been filed by the sole petitioner claiming himself to be the Mahanth has become infructuous after his demise and is, accordingly, dismissed as having become infructuous with a liberty to the person who claims to have inherited the Office which was claimed by the petitioner to pursue his remedies in accordance with law in the court below.
(V. Nath, J) Ranjan/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 09.11.16 Transmission Date N.A.