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Patna High CourtCWJC/18339/2011disposed

Raj Narayan Rai v. The Bihar Hindu Religious Trus

2015-07-27Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court CWJC No.18339 of 2011 (4) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18339 of 2011 ======================================================

1. Raj Narayan Rai S/O Late Ram Chela Rai Resident Of Mohalla: Rikabganj, P.S.: Malsalami, District: Patna.

.... .... Petitioner/s

Versus

1. The Bihar Hindu Religious Trusts Board Through Tis Chairman, Vidyapati Marg, Mandiri Road, Patna-1.

2. Suresh Prasad, Alleged Secretary, Ganga Mandir Rikabganj P.O. & P.S.: Malsalami, District: Patna.

3. Binda Rai Son Of Late Babu Lal Rai Resident Of Rikabganj, P.O.: Patnacity, P.S.: Malsalami, District: Patna.

4. Bijai Rai Son Of Late Ram Kishun Yadav Resident Of Rikabganj, P.O.: Patnacity, P.S.: Malsalami, District: Patna.

5. Rajeshwar Prasad Rai Son Of Late Ramchandra Rai Resident Of Rikabganj, P.O.: Patnacity, P.S.: Malsalami, District: Patna.

6. Lagan Rai Son Of Late Thagan Rai Resident Of Rikabganj, P.O.: Patnacity, P.S.: Malsalami, District: Patna.

7. Panchu Rai Son Of Late Chohathu Rai Resident Of Rikabganj, P.O.: Patnacity, P.S.: Malsalami, District: Patna.

8. Krishnadeo Thakur Son Of Late Chaliter Thakur Resident Of Rikabganj, P.O.: Patnacity, P.S.: Malsalami, District: Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarendra Nath Verma For the Respondent/s : Mr. Ganpati Trivedi ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 27-07-2015 The petitioner is aggrieved by order dated 20.12.2010 passed by the Bihar Hindu Religious Trust Tribunal, Patna in Misc. Case No.19 of 2009 by which the respondents have been allowed to join the case as proforma defendants. The case of the petitioner is that he purchased land of Khata No.60 Khesra No.80 from the then Mahanth who had right, title and possession over the said property and it was in private

Patna High Court CWJC No.18339 of 2011 (4) dt.27-07-2015 endowment.

The issue is whether the property purchased by the petitioner is a property public trust or not and whether any encroachment has been made by him or not.

The respondents submit that no one has made any objection to joining of the private respondents as performa defendants in the case before the Tribunal.

On the other hand, the petitioner submits that in fact he had filed rejoinder opposing intervention. He submits that the respondents are stranger and no where connected with the property.

I find that the aforesaid Miscellaneous Case is of the year 2009 and since then the case is pending consideration. Further more, the respondents have made only performa defendants by the Tribunal.

In this view of the matter, this writ application is disposed of with a direction to the Tribunal to expedite the hearing of the case so as to complete the same within a period of six months from the date of receipt/production of a copy of this order. (Samarendra Pratap Singh, J) KHAN/- U