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Patna High CourtCWJC/6497/2020dismissed

Mahanth Awadh Kishore Das v. The State Of Bihar

2022-01-28Mr. Justice Chakradhari Sharan Singh,Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6497 of 2020 ====================================================== Mahanth Awadh Kishore Das Chela Of Mahanth Mathura Das, Resident of Village-Mohanpur Ratanpur Tola-Garahi, Police Station-Patori, DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary (Revenue and Land Reforms Department), Bihar.

2.

The Administrator, Bihar State Board of Religious Trust, Vidyapati Marg, Patna.

3.

The Collector, Samastipur.

4.

The Sub-Divisional Officer, Patori, Samastipur. 5.

The Circle Officer, Police, District-Samastipur. 6.

The Bihar Public Works Department through it's Executive Engineer, Samastipur.

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

For the Petitioner/s :

Mr. Arjun Prasad Kunwar, Adv For the Respondent/s :

Mr. Rishi Raj Sinha (Sc 19) Mr. Ganpati Trivedi, Sr. Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 28-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

The petitioner has filed the present writ application on 24.06.2020 and has put to challenge an order dated 25.01.2018 passed by the Administrator of Bihar State Board of Religious Trust in exercise of power under Section 28(2)(u) of the Bihar

Patna High Court CWJC No.6497 of 2020(10) dt.28-01-2022 2/2 Hindu Religious Trust Act, 1950 (in short 'Act'). Apparently, this application has been filed two and a half years after passing of the impugned order. There is no cogent explanation available on record to justify the said delay. Further Section 28(2)(u) of the Act provides a forum which the petitioner could have approached against the said decision under the said Section, which the petitioner has not availed. For the aforesaid reasons, we are not inclined to entertain this writ application which is accordingly dismissed. (Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U