Suresh Singh v. Bihar State Board Of Religious Trust, Patna And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7867 of 2014 =========================================================== Suresh Singh, son of Late Mukhdev Singh, resident of village - Khairaha, P.S. Dehri, District - Rohtas .... .... Petitioner
Versus
1. Bihar State Board of Religious Trust, Patna Through its Chairman
2. The Chairman, Bihar State Board of Religious Trust, Bihar
3. Amarnath Ojha son of Late Kailash Ojha Resident of Village - Ojhawalia, P.O. Pahaleja, P.S. Dehri, District - Rohtas .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Choubey, Advocate For the Respondent/s : Mr. Shekhar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 18-06-2018 Heard learned counsel for the petitioner and learned counsel for the Bihar State Board of Religious Trust.
2. The petitioner has filed this writ petition challenging the order dated 12.11.2013 which has been passed by the Bihar State Board of Religious Trust whereby Sri Shivji Mandir in village Khairaha has been declared as a public trust.
3. It is well settled that the issue relating to nature of trust is mixed question law and fact which cannot be decided in
Patna High Court CWJC No.7867 of 2014 dt.18-06-2018 plenary jurisdiction under Article 226 of the Constitution of India. The statute itself provides for remedy of appeal under Section 28 (2)(u) of the Bihar Hindu Religious Trust Act, 1950 against the order of the Board before the competent court, i.e, the court of District Judge.
4. In view of an equally efficacious statutory remedy being available to the petitioner, I am not inclined to entertain the instant writ petition. It is disposed of accordingly with liberty to the petitioner to assail the order impugned before the competent court. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.06.2018 Transmission Date NA