Representation Of Bihar State Board Of Religious Trusts v. The District Magistrate, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4272 of 2015 =========================================================== Representation of Bihar State Board of Religious Trusts .... .... Petitioner

Versus

1. The District Magistrate, Patna

2. The Municipal Commissioner, Patna Municipal Corporation, Patna

3. The South Bihar Power Distribution Company Limited

4. Patna Water Board, Patna

5. M/s Vaishnavi Architect And Engineering Pvt. Limited

6. M/s Vaishnavi Plaza Apartment

7. Flat Owners of Vaishnavi Apartment, Block-A, Block-B, Block-C, West Boaring Canal Road, Patna .... .... Respondents =========================================================== Appearance:

For the Petitioner/s : Mr. Ganpati Singh, Advocate. Mr. Madan Mohan, Advocate.

For the Interveners : Mr. Rabindra Prasad Singh, Advocate. Mr. Shravan Kumar, Sr. Advocate.

Mr. Dinesh Maharaj, Advocate.

Mr. Dhananjay Kumar, Advocate.

Mr. Sunil Kumar, Advocate.

=========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 30-11-2016 Re.: I. A. No. 3670 of 2015 I. A. No. 5268 of 2015 I. A. No. 6866 of 2015 I. A. No. 3404 of 2016 I. A. No. 8232 of 2016 I. A. No. 8315 of 2016 & Re.: CWJC No. 4272 of 2015 This Court has taken suo motu notice on the basis of endorsement made by the Hon'ble Judge of this Court in respect of "the sad state of affairs pertaining to the religious institutions under the control of Religious Trust Board".

Patna High Court CWJC No.4272 of 2015 dt.30-11-2016 2/2 Though the respondents have not been served, but many Interlocutory applications have been filed by the persons alleging therein that they are the owners of the land in question. Since the rival claimants are claiming title over the land in question, we refrain ourselves from examining the allegations whether the land is encroached or not. The aggrieved parties are free to take recourse to alternative remedy in accordance with law. Consequently, the Interlocutory Applications and the writ application are disposed of with liberties to the parties to take recourse to such other remedy, which the parties may wish to avail in accordance with law.

(Hemant Gupta, ACJ) (Vikash Jain, J) Mishra AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 03.12.2016 Transmission Date