Patna High CourtCWJC/12560/2014disposed

Bharti Thakur v. The State Of Bihar And ORS

2017-09-04Mr. Justice Ahsanuddin Amanullah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12560 of 2014 ====================================================== Bharti Thakur W/o Pradeep Thakur C/o Prof. Vijay Kumar Thakur, Resident of Village- Brahmottra, Post pandaul, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Madhubani.

3. The Circle Officer, Pandaul, District- Madhubani.

4. The Chairman, Bihar State Board of Religious Trusts, Vidyapati Marg, Patna-1

5. The Secretary, Bihar State Board of Religious, Trusts, Vidyapati Marg, Patna-1 .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Kumar Jain, Advocate For the State : Mr. Sajad Salim Khan, S.C. For the B.S.B.R.T. : Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner, State and the Bihar State Board of Religious Trusts (hereinafter referred to as the 'Board').

2. The petitioner has moved the Court for the following reliefs:- "(i) A writ/ order/orders/direction be issued to the respondents for constitution of trustee Committee for the Management of Sri Ram Janki Mandir (Sri Sitaram Panchayatan Trust) situated at village-Sagarpur, Brahamotra, P.O.-Pandaul, DistrictMadhubani.

Patna High Court CWJC No.12560 of 2014 (2) dt.04-09-2017 2/3 (ii) Quashing the order dated 05.10.2013 passed by the Bihar Board Religious Trust, Patna by which the trustee Committee of the said trust has been dissolved.

(iii) A direction to the respondents to grant permission to the petitioner who was Secretary of the trustee Committee to work for the welfare and other religious work of Sri Ram Janki Mandir till the constitution of trustee Committee or restoration of previous Committee.

(iv) Any other relief for which the petitioner is entitled under the facts and circumstances of the case."

3. At the very outset, learned counsel for the Board submitted that for the reliefs prayed for in the present writ application, a forum has been provided in the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as the 'Act') itself under Section 29(3).

4. The position is not disputed.

5. Learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to approach the forum in terms of Section 29(3) of the Act.

6. In view thereof, the writ petition stands disposed off with liberty aforesaid.

Patna High Court CWJC No.12560 of 2014 (2) dt.04-09-2017 3/3

7. If the petitioner moves before the aforesaid forum within one month from today, the same shall be considered on merits and disposed off expeditiously and latest within a period of six months from the date of filing of such application. (Ahsanuddin Amanullah, J) S.Sb/- U