Nathany Charitable Trust Through Its Joint Trustee Namely Pawan Kumar Nathani And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2375 of 2018 ===========================================================
1. Nathany Charitable Trust through its Joint Trustee namely Pawan Kumar Nathani S/o Late Ram Kumar Nathani, Resident of 12/A, Madan Chatterjee Lane, Calcutta.
2. Rajesh Sharma S/o Sri Prahlad Rai Sharma, 20 Mukta Ram Babu Street Bara Bazar, Kolkatta, W.B. 70007. .... .... Petitioners
Versus
1. The State of Bihar through the Collector, Muzaffarpur.
2. The Bihar State Religious Trust Board, Vidyapati Marg, Patna-800001.
3. The Administration Bihar State Religious Trust Board, Vidyapati Marg, Patna800001.
4. The Superintendent, Bihar State Religious Trust Board, Vidyapati Marg, Patna800001. .... .... Respondents =========================================================== Appearance :
For the Petitioner/s : Mr. Subodh Kumar Jha, Advocate Mr. Sarveshwar Tiwary, Advocate For the Board : Mr. Ganpati Trivedi, Sr. Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 12-02-2018 This writ petition has been filed by the petitioners for quashing of the order dated 15.10.2009 passed by the respondent no.3 by which he has declared the Nathani Charitable Trust to be a public trust.
2. In view of the fact that the petitioners has an
Patna High Court CWJC No.2375 of 2018 dt.12-02-2018 equally efficacious statutory remedy under Section 28(2)(u) of the Bihar Hindu Religious Trust Act before the competent court of District Judge and in view of the fact that the order has been challenged before this Court after more than eight years, I am not inclined to entertain the present application under extraordinary writ jurisdiction.
3. Accordingly, the writ petition is dismissed. (Ashwani Kumar Singh, J.) Sanjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 15.02.2018 Transmission NA Date