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Patna High CourtCWJC/13530/2011disposed

Kunj Bihari Singh v. The State Of Bihar And ORS

2015-08-14Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13530 of 2011 ====================================================== Kunj Bihari Singh .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Rikesh Sinha and Rakesh Kumar, Advocates For the Board : Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 14-08-2015 I.A. No. 6320 of 2015 Learned counsel for the proposed heirs of the deceased petitioner is permitted to make necessary correction in page no. 2 of the Interlocutory Application.

Heard the parties.

This Interlocutory Application has been filed for expunging the name of the deceased sole petitioner, namely, Kunj Bihari Singh, who is stated to have died on 23.06.2012 and for substitution of his heirs and legal representatives as described in paragraph 3.

None of the heirs has been shown as minor. A vakalatnama has also been filed on behalf of the proposed heirs of the deceased sole petitioner.

There is no opposition to the aforesaid prayer. In above view of the matter, I.A. No. 6320 of 2015

Patna High Court CWJC No.13530 of 2011 (3) dt.14-08-2015 stands allowed. Let the name of the deceased sole petitioner, namely, Kunj Bihari Singh, be expunged and his heirs and legal representatives as described in paragraph 3 be substituted in his place.

C.W.J.C. No. 13530 of 2011 Heard the parties.

In view of the limited prayer at the time of hearing of this writ application, the same is being disposed of, without going into the merit of the case, with a liberty to the petitioner to approach the respondent-Bihar State Board of Religious Trust under section 28(2)(u) of the Bihar Hindu Religious Trusts Act, 1950 as the petitioners are raising grievance that the Board ought not have constituted the Trust Committee in view of the Math being a private trust. If such an application is filed, let the competent authority take a decision in the matter on its own merit and in accordance with law and pass a reasoned order within a period of three months from the date of receipt/production of a copy of this order.

(Dr. Ravi Ranjan, J) SC/- U