Krishna Murari Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15478 of 2015 ====================================================== Krishna Murari Prasad Son of Late Kamta Prasad, Resident of VillageAmarut Mahkar, P.S. Dobhi, District Gaya. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Gaya.

3.

The Sub-Divisional Officer, Sherghati, District- Gaya. 4.

The Chairman, Bihar Hindu Religious Trust Board, Patna. 5.

The Circle Officer, Sherghati, Dist- Gaya.

6.

The Officer-in-charge Town Sherghati, District Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Respondent/s :

Mr.M.K. Sinha- Sc1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-03-2023 The present writ petition has been filed seeking the following reliefs:- 1(i). For issuance of writ in the appropriate nature for quashing of the letter dated 10.12.2014 issued under the signature of the Sub-Divisional Officer, Sherghati, Gaya whereby and whereunder the respondents authority has directed the petitioner to appear and file a show cause that why not a proceeding be initiated against the petitioner for knowingly execution of the Sale Deed in favour of Sri Anand Kumar Rai knowing full well the property of Sri Thakur Rukmini Nath Temple Trust, Sherghati, Gaya.

(ii). For further quashing of the Letter dated

Patna High Court CWJC No.15478 of 2015(2) dt.24-03-2023 2/3 3.3.2015 Memo No. 30 issued by the SubDivisional Officer, Sherghati under the capacity of Chairman, Sri Thakur Rukmini Nath Trust Managing Committee directing the petitioner to stop the construction of shop within the premises of Sri Thakur Rukmini Nath Temple Trust as it is a public trust without considering that the letter whereby the respondent Sub-Divisional Officer was made to be Chairman of the Committee having no effect and also without considering that the said trust is a private trust which has already been declared by the Civil competent court in a title suit.

(iii). For further direction to the respondents authority not to make any disturbance and raise any objection in the construction and function of the petitioner as a Sebait of the said Trust which is absolutely a private trust and neither the Bihar Hindu Religious Trust Board or Sub-Divisional Officer had any power to interfere in their activities."

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies, as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty, so sought, is granted.

Patna High Court CWJC No.15478 of 2015(2) dt.24-03-2023 3/3 The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) Ajay/- U