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Patna High CourtCWJC/9105/2023disposed

Mahanth Ram Shobhit Das v. The State Of Bihar

2023-12-19Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9105 of 2023 ====================================================== Mahanth Ram Shobhit Das S/o Late Guru Mahanth Sudama Das, Resident of Village-Kansari Kabir Math, P.S.-Gaurichak, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna.

2.

The Divisional Commissioner, Patna Division, Patna. 3.

The Collector-cum-District Magistrtate, Patna. 4.

The Additional Collector, Patna.

5.

The Circle Officer, Punpun, District-Patna.

6.

The Chairman/President, Bihar State Board of Religious Trust, Vidyapati Marg, P.S.-Kotwali, District- Patna-800001.

7.

Manbhang Das, Kabir Panthi Math, Chaknuri, P.S.-Malsalami, DistrictPatna. 8.

Mahanth Jhulan Das, Pupil of Late Mahanth Nirmal Das, Kabir Math Kansari, Beldarichak, P.S.-Gaurichak, P.O.-Andari, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Respondent/s :

Mr. Raj Kishore Roy, GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-12-2023 Heard Mr. Indu Bhushan, learned Counsel appearing on behalf of the petitioner and Mr. Raj Kishore Roy, learned GP-18 appearing on behalf of the respondent/s.

2. The petitioner has claimed for following reliefs in paragraph no.1 of the writ petition:- "That this writ application is directed for issuance of an appropriate in the nature of certiorari for quashing the impugned order dated 06.01.2023 (contained in Annexure-14) passed by the Respondent No.6, whereby and where under the Respondent No.6 in arbitrary manner and on the

Patna High Court CWJC No.9105 of 2023(2) dt.19-12-2023 2/2 basis of wrong facts declared the Respondent No.7 as Mahanth of Kabir Panthi Math, Chaknuri, Patna City, P.S.-Malsalami, District-Patna as petitioner has been Mahanth of the aforesaid Math without any obstacle and Jhulan Das was never Mahanth of said Math and Manbhant Das was never appointed as Mahanth after Jhulan Das."

3. The writ petition appears to be premature, as would appear from order dated 06.01.2023, by which the petitioner was directed to produce the documents in support of his claim and considering the nature of relief(s), as sought for in paragraph no.1. The petitioner may avail remedy before the Bihar State Board of Religious Trust, in accordance with the provisions of the Bihar Hindu Religious Trust Act, 1950.

4. Accordingly, the present writ petition stands disposed of.

(Purnendu Singh, J.) Chn/- Ashishsingh/- U