Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12999 of 2022 ====================================================== Rakesh Kumar Son of Rajendra Sah, resident of Village - Marwari Tola, P.S.- Asarganj, District - Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary-Law Department-cum-Legal Remembrancer, Bihar State government, Patna.

2.

The Secretary-cum-Legal Remembrancer, Law department, Bihar State government.

3.

The Commissioner- Munger Division.

4.

The Collector-cum-District Magistrate, Munger. 5.

The Dy. Collector-Land Reforms (DCLR), Tarapur Subdivision, District - Munger.

6.

The Circle Officer - Asarganj, District - Munger. 7.

Bihar State Board of Religious Trust through its President, Vidyapati Marg, Patna - 800001.

8.

The President-Bihar State Board of Religious Trust, 01, Vidyapati Marg, Patna - 800001.

9.

The Area Incharge-cum-Assistant Superintendent, Bihar State Board of Religious Trust, Vidyapati Marg, Patna - 1.

10.

Dr. Rakesh Kumar, Son of Mahendra Prasad Mandal, present Mukhiya of Asarganj Village Panchayat, resident of Hatinath (near girls middle School) P.O. and P.S. - Asarganj, District - Munger, PIN - 813201. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dev Kumar Pandey, Adv.

For the State :

Mr. Manoj Kumar Sinha, AC to SC 19 For the Resp. No. 10 :

Mr. Kishoy Raj, Adv.

For the Religious Trust Board :

Mr. Shekhar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-11-2024 Heard learned counsel for the parties.

2. Vide order dated 30.06.2022, the President of Bihar State Board of Religious Trust decided the status of the trust relating to Motiram-Paliram Dharamshala holding that it is a

Patna High Court CWJC No.12999 of 2022(6) dt.19-11-2024 2/2 public trust and he directed for its registration.

3. As the nature of trust has been decided, so only remedy against that order is available under Section 28 (2) (u) of the Bihar Hindu Religious Trust Act, 1950 and the jurisdiction lies only with the Competent Court which is the Court of the District Judge.

4. The petitioner may approach to the Competent Court (District Judge), Munger for redressal of his grievance and if he files Miscellaneous Case challenging the impugned order before the Competent Court (District Judge) within a period of four weeks from today, there shall be status quo that is prevailing today till disposal of fresh application of status quo by the Competent Court (District Judge).

5. With these observation, the writ petition stands disposed of.

(Nawneet Kumar Pandey, J) Arish/- U T