Basudeo Sah v. Md. Shakir And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1001 of 2016 ====================================================== Basudeo Sah .... .... Appellant/s

Versus

Md. Shakir & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Raj Kumar Choudhary For the Board : Mr. Ganpati Trivedi, Sr. advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-10-2018 Heard Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner, and Mr. Ganpati Trivedi, the learned senior counsel appearing for the Bihar State Board of Religious Trust.

In view of the order dated 23.09.2016 and the provision as contained in sub section 4 of Section 43 A of Bihar Hindu Religious Trusts Act, 1950, the learned counsel for the petitioner seeks permission to convert this Civil Misc. petition into Misc. Appeal.

Mr. Ganpati Trivedi, the learned senior counsel appearing for the Bihar State Board of Religious Trust did not raise any objection and submitted that sub section 4 of Section 43 A of Bihar Hindu Religious Trusts Act, 1950 says that there shall be an appeal against the order passed by a tribunal and the appropriate remedy is Misc. Appeal.

In this view of the fact, the learned counsel for the petitioner is permitted to convert this petition into Misc. Appeal under sub section 4 of Section 43 A of Bihar Hindu Religious Trusts Act, 1950 within two weeks.

BKS/- (Prabhat Kumar Jha, J) U