Vishwanath Prasad Jaiswal @ Vishwanath Chaudhary v. The Bihar Hindu Religious Trust Board, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14253 of 2019 ====================================================== Vishwanath Prasad Jaiswal @ Vishwanath Chaudhary Son of Late Badri Lal Chaudhary, resident of Mohalla- Salempur, Barh Bazar, P.O. and P.S.- Barh, District- Patna.

... ... Petitioner/s

Versus

1.

The Bihar Hindu Religious Trust Board, Patna through its Chairman. 2.

The Administrator, Bihar Hindu Religious Trust Board, Patna, District Patna. 3.

The District Magistrate-cum-Collector, Patna, District- Patna. 4.

The S.D.O., Barh, District- Patna.

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

For the Petitioner/s :

Mr.Shashi Shekhar Diwedy, Sr. Adv.

Mr.Parth Gaurav, Adv.

For the Respondent/s :

Mr.Md. Raisul Haque ( Sc10 ) For the State :

Mr. Binay Kumar, A.C. to S.C.- 10 For Trust :

Mr. Ganpati Trivedi, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 24-07-2023 Heard learned Senior Counsel for the petitioner as also the Respondent Trust Board.

Pursuant to the last order dated 22.06.2023 by which report was sought from the concerned Court, Barh through the District Judge Patna as to under what circumstances, the Title Suit No. 02 of 1988 is pending for last 35 years, the same has still not come.

From the office report, it has been submitted that the speed post No. EF433472848IN and EF433472825IN were dispatched and there is no report.

The District and Sessions Judge, Patna should take

Patna High Court CWJC No.14253 of 2019(3) dt.24-07-2023 2/2 note of the aforesaid fact and ensure that the concerned Civil Court, Barh provides a report relating to Title Suit No. 02 of 1988.

It has been submitted by the learned Senior Counsel for the Trust Board that the validity of the said autonomous was only for one year and as such a fresh decision shall be taken after hearing all the parties including the petitioner present here. In that view of the matter, the learned Senior Counsel submits that the Court should ensure that any order is passed only after hearing the necessary parties.

In view of the submissions put forward by learned Senior Counsel for the Trust Board, the writ petition stands disposed of with a direction to the respondent No. 2 to pass a fresh order after hearing all the parties.

(Rajiv Roy, J) Ravi/- U