Ayodhya Prasad Singh Trust v. Anil Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2188 of 2015 In Civil Writ Jurisdiction Case No.12864 of 2009 ====================================================== Ayodhya Prasad Singh Trust (Estate), Nao Kothi, Begusarai through Ram Chandra Prasad Shahi (newly Substituted Secretary), son of Late Sadhu Sharan Prasad Shahi ... ... Appellant/s

Versus

1.

Anil Kumar Singh, son of Late Braj Kishore Prasad Singh, resident of Janki Niwas, Kachhery Road, Police Station- Town Begusarai and DistrictBegusarai. 2.

Bihar State Board of Hindu Religious Trust, through Special Officer, Vidyapati Marg, Patna.

3.

Gopal Prasad Singh, Son of Late Braj Kishore Prasad Singh 4.

Arvind Kumar Singh, son of Late Braj Kishore Prasad Singh (Both Si Nos. 3 and 4 are resident of Janki Niwas, Kachhery Road, Police Station- Town Begusarai and District- Begusarai.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajit Kumar For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 14-09-2017 Heard learned counsel for the parties.

No interference is warranted with the order, dated 25.06.2015, passed by the Learned Single Judge, except that the Tribunal, if it has not already taken a decision in terms of the direction issued by the Learned Single Judge, it is bound to do so, even now, preferably within a period of three months. The direction was as under:

"24. Accordingly, on the basis of aforesaid discussions,

Patna High Court LPA No.2188 of 2015(4) dt.14-09-2017 2/2 this writ petition is allowed and the impugned order dated 19.05.2009 is, hereby, quashed and the matter is remitted to the competent authority with direction to pass afresh order in accordance with law after making proper enquiry as provided under Order 22 Rule 5 of the Civil Procedure Code." The appeal stands disposed off with observation / direction as above.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) skm/- U