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Patna High CourtCWJC/8260/2014dismissed

Ram Naresh Tiwary v. The State Of Bihar And ORS

2018-06-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8260 of 2014 =========================================================== Ram Naresh Tiwary Son of Late Pandit Dharmdeo Tiwary Resident of Mohalla - South Nala Road, Police Station - Kadamkuan, District : - Patna. .... .... Petitioner

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The President, Bihar Religious Trust Board, Bihar, Patna.

3. Shri Ramchandra Khan, the President, Shri Nagababa, Thakerbari Vikash and Prabandh Nayesh Samiti, Kadamkuan, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Advocate For the Respondent-BSBRT : Mr. Ganpati Trivedi, Sr. Advocate For the Respondent-State : Mr. Mukund Mohan Jha, AC to GP-27 =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 18-06-2018 This writ petition has been filed by the petitioner for quashing the order issued by respondent no.3, the President, Shri Nagababa, Thakurbari Vikash and Prabandh Nayash Samiti, Kadamkuan, Patna dated 27.03.2014 as contained in Annexure-4 to the instant writ petition by which the petitioner has been terminated from the post of Secretary of the said Nagababa, Thakurbari Vikash and Prabandh Nayash Samiti.

2. In the opinion of this court, the writ petition is

Patna High Court CWJC No.8260 of 2014 dt.18-06-2018 not maintainable in view of the fact that the trust committee has been constituted under the bye-laws of the trust. By the impugned order, the President of the trust has terminated the petitioner form the post of Secretary. The trust committee or its president would not come within the definition of State under Article 12 of the Constitution of India.

3. Thus, the writ is dismissed as not maintainable.

4. However, the petitioner shall be at liberty to challenge the order passed by the President of the trust committee by way of filing a suit before a court of competent jurisdiction. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.06.2018 Transmission NA Date