Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1443 of 2021 ====================================================== 1.

Lalan Kumar Son of Late Sukhdev Yadav, Resident of Village - Turkahi, Ward No. 09, Madhuvan, (Under Gram Panchayat- Madhuvan) under Block Madhepura, P.S. - Bharrahi, Dist. - Madhepura at present as a Treasurer of Shree Shree 108 Durga Maharani Temple, Under Mauja Madhuvan, Block Madhuvan, Dist. - Madhepura.

2.

Chandeshwari Mandal, Son of Late Chouthi Mandal, Resident of Village - Madhuvan (Under Gram Panchayat - Madhuvan) under Block Madhepura, P.S. - Barrahi, Dist. - Madhepura at present as Deput Chairman of Shree Shree 108 Durga Maharani Temple, Under Mauja Madhuvan, Block Madhuvan, Dist - Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar through Hindu Religious Trust Board through its Chairman, Vidyapti Marg, Patna .

2.

The Administrator, Bihar State, Religious Trust Board, Vidyapati Marg, Patna.

3.

The District Magistrate cum Collector, Madhepura. 4.

The Sub Divisional Officer, Madhepura.

5.

The Circle Officer, Madhepura.

6.

The S.H.O. , Barrahi O.P., P.S. and Dist. - Madhepura. 7.

Meera Devi, Wife of Jogeshwar Paswan, Resident of Village- Turkahi, Ward No. 09, under Gram Panchayat Madhuvan, Block - Madhepura, P.S. - Barrahi, Dist. - Madhepura.

8.

Dinesh Paswan, Son of Late Ganeshi Paswan, Resident of Village - Madhuvan, under Gram Panchayat- Madhuvan, Block - Madhepura, O.P. - Barrahi, P.S. and Dist. - Madhepura.

9.

Chhutehri Paswan, Son of Late Ganeshi Paswan, Resident of Village - Madhuvan, under Gram Panchayat- Madhuvan, Block - Madhepura, O.P. - Barrahi, P.S. and Dist. - Madhepura.

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the State :

Mr. Gyan Prakash Ojha, GA 7 Mr. Abhishek Singh, AC to GA 7 For the BSBRT :

Mr. Ganpati Trivedi, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2021 Heard learned Counsel for the parties concerned.

Patna High Court CWJC No.1443 of 2021(3) dt.06-08-2021 2/3 The petitioners have filed the present writ application, inter alia, for a direction to the Bihar State Board of Religious Trusts (hereinafter referred to as 'the Board') to constitute a Trust of Sri 108 Durga Maharani Temple, situated in village Madhuvan, in the district of Madhepura, Learned Senior Counsel for the Board submits that the petitioners have not filed any application before the Board, under Section 34 of the Bihar Hindu Religious Trust Act, 1950 (in short' the Act'), for registration of the religious trust and if any application for registration of the trust in question will be filed, the Board will consider the same in accordance with the provisions of the Act.

Learned Counsel for the State also submits that no application for registration of the trust in question has been filed.

After having heard learned Counsel for the parties, the petitioners are permitted to file a proper application, under Section 34 of the Act, for registration of the Trust of Sri 108 Durga Maharani Temple, before the Board within a period of one month from today and if such an application is filed by the petitioners within the aforesaid period, the Board is directed to take a decision in accordance with law within a period of two

Patna High Court CWJC No.1443 of 2021(3) dt.06-08-2021 3/3 months from the date of filing of the application. With the aforesaid observations and directions, this writ application is disposed of.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √