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Patna High CourtCWJC/8608/2016dismissed

Gopal Singh And ORS v. The State Of Bihar And ORS

2018-11-27Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8608 of 2016 ======================================================

1. Gopal Singh, son of late Gorakh Singh, resident of village Khorhar, P.O. Anantpur, P.S. - Bihta, District - Patna.

2. Maheshwar Sao, son of Ram Swarup Sao, village - Paharpur, P.O.-Karhatiya, P.S. -Mahua, District - Vaishali.

3. Md. Naseem, son of late Mohd. Atteem, residing a Dujra, P.S. Buddha Colony, District Patna.

4. S.S. Raju, son of late R.S. Mutthu, resident of Hanuman Nagar, L.I.G. Flat No. 14/492, P.S. Patrakar Nagar, District Patna at present India Automobile, Radha Krishna Shankar Ji Thakurwai, Exhibition Road, P.S. Gandhi Maidan, District Patna.

5. Awadhesh Rai @ Awadhesh Prasad, son of Ram Swarth Rai village-Old Panapur, P.S. Akilpur, P.O. Digha, District Patna.

6. Sanjay Sharma, son of late Chandradeep Sharma, village Chaksalem, P.O. Sahpur Patori, District Samastipur.

7. Bharat Singh, son of late Ram Naresh Singh, resident of Village Korhar, P.O. Anantpur, P.S. Bihta, District - Patna. All of them pursuing different trades by the verbal consent of all the former Chairmen of Bihar religious trust Board for maintenance of the livelihood of their families and children at Radha Krishna Shankerji Thakurwari, situated at Exhibition Road, P.S. Gandhi Maidan, District Patna.

... ... Petitioners

Versus

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

2. The District Magistrate cum Collector, Patna North of Gandhi Maidan, P.S. Gandhi Maidan, District Patna.

3. The Bihar Religious Trust Board through its Chairman, Vidyapati Marg, P.S. Kotwali, District Patna.

4. The Superintendent cum District Judge (Retd.), Bihar State Religious Trust Board, Vidyapati Marg, P.S. Kotwali, District Patna.

5. Shambhu Prasad, Advocate, Government Pleader, Patna Civil Court, resident of Bakerganj Bajaja, P.S. Pirbahore, District Patna.

6. Radhey Shyam Gupta, Advocate, son of late Inder Prasad, resident of Bajaja Bakarganj, P.S. Pirbahore, District Patna.

7. The Senior Superintendent of Police, Patna, North Gandhi Maidan, Patna.

8. The Deputy Superintendent of Police, Patna Town, North Gandhi Maidan, Patna.

9. The Thana Adhyaksha Gandhi Maidan, Police Station in the town and District of Patna.

10. Anil Singh, son of not known M/s Patliputra Builders, Kameshwar Plaza, P.S. Kotwali, District Patna.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhirendra Kumar Gupta, Advocate

Patna High Court CWJC No.8608 of 2016 dt.27-11-2018 2/2 For the Respondent No. 5 :

Mr. Abinash Kumar, Advocate For the Respondent No. 6 :

Mr.Sanjay Kumar Ghosarvey, Advocate For the Religious Trust Board :

Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 27-11-2018 In view of an equally efficacious statutory remedy being available to the petitioners under Section 48 of the Bihar Hindu Religious Trust Act before the District Judge as also the fact that several disputed questions of fact have been raised by the petitioners in the present writ petition, I am not inclined to entertain the present application under extraordinary writ jurisdiction. Accordingly, it is dismissed.

(Ashwani Kumar Singh, J.) Sanjeet/SKSuman.

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