Vishwa Nath Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16152 of 2018 ====================================================== Vishwa Nath Sharma Son of Late Saryug Sharma, Resident of VillageTinbheria, Police StationCircle- Barharia, District- Siwan. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Siwan.

3.

The Circle Officer, Barharia, Siwan.

4.

Babu Ram Shama, Son of Late Ram Swarup Sharma, Resident of VillageTinbheria, Police StationAnchal- Barharia, District- Siwan. 5.

The Bihar Hindu Religious Trust Board through its Secretary, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surya Kant Mishra For the Respondent/s :

Mr.Md.Khurshid Alam -Aag12 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-06-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the Bihar Hindu Religious Trust Board (hereinafter referred to as 'the Board').

Learned counsel appearing for the Bihar Hindu Religious Trust Board submits that the temple in question is not registered as public trust and as such the Board has no role to play in the instant case. In the event, the petitioner approaches the Board for registration of the trust as public trust, the appropriate remedy is available under Section 43D of the Bihar Hindu Religious Trust Board Act for removal of encroachment.

Patna High Court CWJC No.16152 of 2018(4) dt.18-06-2019 2/2 Considering the aforesaid, the petitioner is permitted to withdraw the writ petition in order to explore alternative remedy for removal of encroachment.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U