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Patna High CourtCWJC/16881/2013disposed

Ramashankar Das v. The State Of Bihar And ORS

2015-07-28Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16881 of 2013 ====================================================== Ramashankar Das, Chela of Sriman Mukti Narayan Das, residing at Radha Govind Math Makaranda, P.O. and P.S. Manigachhi, District Darbhanga .... .... Petitioner.

Versus

1. The State of Bihar

2. The District Magistrate, Darbhanga

3. The Circle Officer, Manigachhi, P.O. and P.S. Manigachhi, District Darbhanga

4. The Officer-In-Charge, Manigachhi, P.O. and P.S. Manigachhi, District Darbhanga

5. Bihar State Board of Religious Trust, Vidyapati Marg, Patna through its Chairman .... .... Respondents.

====================================================== Appearance :

For the Petitioner/s : Mr. Prashant Wibhaw, Advocate For the Respondent/s : Mr. Mr. Vivek Prasad, G.P.-14 For the Board : Mr. Shekhar Singh, Advocate ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 28-07-2015 Heard learned counsel for the parties.

2. The petitioner is resident of village Makaranda, where a Trust in the name of Radha Govind Jee Nyas is situated.

3. The petitioner alleges that in past the Mahanth of the Trust has illegally disposed of the property of the Trust, though there is complete ban on the sale of the properties of public trust, save and except with the permission of the Board.

4. Mr. Shekhar Singh, learned counsel for the Board also submits that in past the properties have been sold by the Mahanth in violation of Section 44 of the Bihar Hindu Religious Trusts Act, 1950. Furthermore, the Board has also written letter to

Patna High Court CWJC No.16881 of 2013 (2) dt.28-07-2015 2 / 2 the District Magistrate against such transfer being made by Mahanth.

5. I find that Section 44 of the Act prohibits transfer of property of Public Religious Trust, save and except with permission of the Board.

6. In this view of the matter both the Religious Trust Board and the District Administration would ensure against any further sale of the property of the Trust. The encroachers on the Trust property would be severely dealt with and encroachments should be removed.

7. This application stands disposed of.

(Samarendra Pratap Singh, J.) Uday/- U