Sri Ram Janki Ji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10200 of 2021 ====================================================== 1.
Sri Ram Janki Ji Deities installed and Established in Temple Known as Sidhashram/ Sidha Baba, Ki Barikuti, Lakshmna Nagar Bipass, Ring Bandh, Court Bazar, Ward No.16 (New), Municipality Sitamarhi, P.O., P.S. and District- Sitamarhi through Devotee/ Bhakt of this temple having religious interest named as Ram Sevak Das @ Ramendra Mishra, S/o Harish Chandra Mishra, aged about 54 Years, Gender-Male, Presently Residing at Ramanand Ashram, Ward No.17, Anchal-Dumra, P.S.-Sitamarhi Sadar, District -Sitamarhi, Permanent address Village- Mehsian, P.S.-Riga, Anchal-Riga, P.O.-Shahvajpur, District- Sitamarhi.
2.
Sanjay Singh,aged about 52years,male, S/o Late Ram Chandra Singh Resident of Village- Dohra, ward No.-13, P.O.-Shahvajpur, P.S.-Riga. Anchal- Riga, District- Sitamrahi.
3.
Vijay Kumar Singh,aged about 38 years, male, S/o Late Satya Narayan Singh Resident of Village- Dohra, Ward No.-17, P.O.-Shahvajpur, P.S.-Riga, Anchal- Riga, District- Sitamarhi.
... ... Petitioners
Versus
1.
The State of Bihar through its Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2.
The Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar. 3.
The Secretary, Religious Trust Department, Government of BIhar, Secretariat, Patna.
4.
The President-Cum-Chairman, Bihar State Religious Trust Board, Vidyapati Nagar, Vidyapati Marg, Near Taramandal, Patna. 5.
The District Magistrate, Sitamarhi.
6.
The Sub-Divisional Officer, Sitamarhi.
7.
The Circle Officer, Sitamarhi Sadar, District- Sitamarhi. 8.
The Trustee, Sidhashrm Trust Committee, Ring Bandh, Court Bazar, Sitamarhi.
9.
The Devnandan Das @ Dilip Das @ Devdatt Das 'Chela' Harinrayan Das, Sidhashram Court Bazar, Ward No.-16, Near Bipass 'Ringbandh' P.S.- Sitamarhi Sadar, Anchal- Dumara, District- Sitamarhi who also Claims as the Present Mahanth of the 'Sidhashram'.
Patna High Court CWJC No.10200 of 2021(4) dt.22-03-2022 2/3 10.
Nirmala Mishra W/o Vinod Bihari Mishra, Resident of Village- Dharharwa, Block and P.S.-Riga Sub-registry Office and District- Sitamarhi (Bihar). 11.
Raghunanth Prasad S/o Makeshwar Prasad Resident of Village- Panchhor, Block and P.S.-Riga, Sub-registry Office and District- Sitamarhi. 12.
Madan Prasad S/o Late Sukhdeo Prasad Resident of Village- Naraha, BlockNisamuddinpur Bagara, P.S.-Sahiara, Registry Office- Bhutahi, DistrictSitamarhi (Bihar). ... ... Respondents ====================================================== Appearance :
For the Petitioners :
Mr. Kumod Kumar Shrivastaw, Adv.
For the Respondents :
Mr.Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 22-03-2022 The petitioners are seeking cancellation of sale-deeds said to have been executed by the Trustee 'Sidhashram' Trust Committee, Ringbandh, Court Bazar Sitamarhi (Respondent No. 8). They have also sought for various directions to State respondents including Bihar State Religious Trust Board for removal of encroachment from the lands in question.
2. In our opinion, this writ application, seeking the nature of relief, as noted above, is completely misconceived. The petitioners have not chosen the correct forum for resolution of the dispute, which, apparently, involves disputed questions of facts requiring adjudication based on evidence.
Patna High Court CWJC No.10200 of 2021(4) dt.22-03-2022 3/3
3. This application is, accordingly, dismissed.
4. This order, however, will not prevent the petitioners from approaching appropriate forum for adjudication of the issues involved.
(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) shyambihari/- U