Devendra Narayan Raman v. Bihar State Board Of Religious Trusts

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12006 of 2019 ====================================================== Devendra Narayan Raman S/o Late Shailendra Narayan Singh Resident of Village-Parsauni Ashapatti, P.S.-Sahebganj, District-Muzaffarpur. ... ... Petitioner/s

Versus

1.

Bihar State Board of Religious Trusts Vidyapati Marg, Patna. 2.

The Administrator, Bihar State Board of Religious Truts, Vidyapati Marg, Patna.

3.

The Superintendent, Bihar State Board of Religious Trusts, Vidyapati Marg, Patna 4.

Kishore Narayan Singh S/o-Late Jagdish Narayan Singh resident of VillageParsauni Ashapatti, P.S.-Sahebganj, District-Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Verma, Adv.

Mr. Suman Kumar Verma, Adv.

Mr. Anish Kumar, Adv.

Mr. Amresh Kumar Mishra, Adv.

For the Board :

Mr. Ganpati Trivedi, Adv.

Mr. Sanjay Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 25-11-2019 Heard learned counsel for the petitioner; learned counsel for the Bihar State Board of Religious Trusts (hereinafter referred as 'Board'). Nobody appears on behalf of the State.

2. The petitioner has prayed for quashing of order dated 31.01.2019 passed by the Administrator of the Board by which the trust in question has been declared to be a public trust and for framing a scheme and constitution of eleven member committee.

3. Learned counsel for the Board submitted that the order having been passed under Section 28(u) of the Bihar Hindu

Patna High Court CWJC No.12006 of 2019 dt.25-11-2019 2/2 Religious Trusts Act, 1950, the petitioner has a forum of moving before the District Judge of the concerned district.

4. After some arguments, keeping in view the statutory provision which provides for moving before the District Judge, learned counsel for the petitioner submitted that the matter be disposed off with liberty to him to do so.

5. In view thereof, as prayed for by learned counsel for the petitioner, the writ application stands disposed off with liberty to move before the District Judge, Muzaffarpur against the order impugned.

6. If the petitioner does so, the same shall be considered, in accordance with law, on its own merit, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J) Prakash Narayan /- AFR/NAFR U T