Dr. Yogendra Nath Das v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2893 of 2016 =========================================================== Dr. Yogendra Nath Das Son of Late Bal Govind Das, Resident of Kunj Bhawan, Golaghat Road, P.S. - Tatapur, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. The Chief Secretary, Government of Bihar, Old Secretariat, Patna.

3. The Bihar State Board of Religious Trusts through its Chairman, At - Vidyapati Marg, Patna.

4. The Collector-cum-District Magistrate, Bhagalpur at Bhagalpur.

5. Sri Vijay Kumar Mandal, S/o Not Known, Chairman, Sri Radha Kirhsna Mandir Nyas Samiti, Kunj Bhawan, Golaghat, Bhagalpur, P.S. - Tatarpur, District - Bhagalpur.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Mr. Dinesh Kumar, Advocate For the State : Mr. P.K. Verma, AAG-3 Ms. Divya Verma, AC to AAG-3 For Bihar Religious Trust Board : Mr. Ganpati Trivedi, Senior Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 19-01-2017 I.A. No.5130 of 2016 The present intervention application has been filed by Mr. Subodh Krishna for adding him as respondent No.6 as he is an interested party.

I.A. No.5130 of 2016 is allowed.

C.W.J.C. No.2893 of 2016 The challenge in the present writ in Public Interest is to a notification issued by the Bihar State Board of Religious Trust on

Patna High Court CWJC No.2893 of 2016 dt.19-01-2017 2/2 4th of February, 2015 constituting the committee for management of Sri Radha Krishna Mandir/Thakurbari, Golaghat, Bhagalpur.

2. Learned counsel for the petitioner states that such committee was constituted in terms of the direction of this Court, therefore, his right in an appeal before the District Judge will be prejudiced.

3. We do not find that statutory remedy will become prejudiced only because the High Court has ordered constitution of Managing Committee of the Trust. But to clarify, that the present writ application is disposed with a direction that, if the petitioner files an appeal, the same shall be decided on merits in accordance with law without being influenced by any findings or observations recorded by this Court.

4. With the above observations, this writ petition is disposed of.

(Hemant Gupta, ACJ) (Sudhir Singh, J) Narendra/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 23.01.2017 Transmission Date N/A