Sunita Devi v. The Bihar State Board Of Religious Trust, Through Its Chairman

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14046 of 2021 ====================================================== Sunita Devi W/o- Dinesh Kumar Sah Resident of Village- Chakmeyahit, Police Station- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

1.

The Bihar State Board of Religious Trust, through its Chairman Vidyapati Marg, Police Station, Budha Colony, Patna-1.

2.

The Chairman Bihar State Board of Religious Trust, Vidyapati Marg, Police Station- Budha Colony, Patna-1.

3.

The Managing Committee of Kabirpanthi Math through its Chairman Mahanth Sadananad Das Guru/Father- Sachidanand Das, Resident of Village- Hashanpur Dhanraj, Kushahar Math, Police Station- Mahua, District- Vaishali.

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

For the Petitioner/s :

Mr. Mahasweta Chatterjee, Adv For the Respondent/s :

Mr. Ganpati Trivedi, Sr. Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 31-03-2022 The petitioner, in the present writ application, seeks quashing of an order dated 29.10.2019 passed by the President, Bihar State Board of Religious Trust ('Board' for short), whereby certain properties including the land purchased by the petitioner have been declared as public trust property.

It is the petitioner's contention that the land in question was purchased by the petitioner through a valid registered sale deed.

Petitioner is also seeking quashing of a notification dated 13.11.2019, whereby the President of the Board has framed a

Patna High Court CWJC No.14046 of 2021(3) dt.31-03-2022 2/2 scheme and constituted a Committee of 11 members exercising the power of the Board under Section 32 of Bihar Hindu Religious Trust Act, 1950.

On perusal of the pleadings on record and the documents which have been annexed to the present writ application, it appears that the question, as to whether the property in question is religious trust property, or not, is pending for determination before the Board in which the petitioner has appeared and is participating. Learned senior counsel appearing on behalf of the Board has rightly pointed out that the impugned order dated 25.10.2019 has lost its significance, as subsequent to passing of the order and in the light of a decision of this Court dated 04.03.2021 rendered in CWJC No. 1491/2020 (Mahanth Ramesh Giri @ Ramesh Giri vs. The State of Bihar & Ors.), the dispute which has been raised by the petitioner is in the process of determination by the Board. In such view of the matter, this application stands disposed of with a liberty to the petitioner to pursue her case before the Board in accordance with law.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) SUMIT/- U