Shree Ram Janki And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13719 of 2014 ======================================================
1. Shree Ram Janki, Lakshman Jee, Shree Mahadeo Jee Parvati Jee deities established in the Private Temple at Lodipur, P.S. Chainpur, DistrictKaimur ( Bhabhua), through Shebait.
2. Prakash Chandra Verma S/o Sri Yogendra Nath Verma Resident of Village- Lodipur, Post- Amaon, District- Kaimur, Bhabhua. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Board of Religious Trust Vidyapati Marg, Patna, through its President.
3. The President, Bihar State Board of Religious Trust Vidyapati Marg, Patna-1
4. S.D.O., Bhabhua
5. Smt. Udha Devi W/o Ramparikha Bind Resident of Village- Surha, P.S. Chand, District- Kaimur Bhabhua.
.... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Bhubneshwar Prasad, Advocate Mr. Keshav Srivastva, Advocate For the State : Mr. Sitaram Yadav, G.P.-16 For the Board : Mr. Shekhar Singh, Advocate For the Pvt. Respondent : Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner, State and the Bihar State Board of Religious Trusts (hereinafter referred to as the 'Board').
2. The petitioner has moved the Court for the following reliefs:- "(i) For issuance of an appropriate writ, order, direction to quash Memo No. 1899, 10.01.2014
Patna High Court CWJC No.13719 of 2014 (2) dt.04-09-2017 2/3 issued under the signature of President, Bihar State Religious Trusts Board Act whereby and whereunder the Trustee committee to manage the private Trust to which petitioner is sebait has been constituted for five years.
(ii) For issuance of an appropriate writ, order or direction to quash Memo No. 57 dated 07.04.2004 issued under signature of President, Bihar State Religious Trusts Board by which the claim of petitioner's was rejected and the private Trust of the petitioner's family was declared as Public Trust.
(iii) For issuance of an appropriate writ order or direction to the Respondents No. 2 and 3 restraining them not to proceed further in implementation of impugned annexures contained in Annexure-1 of this writ application."
3. At the very outset, learned counsel for the Board submitted that for the reliefs prayed for, there is statutory forum available under Section 32(3) of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as the 'Act').
4. Faced with the situation, learned counsel for the petitioner submitted that the writ petition be disposed off with liberty to approach the said forum.
Patna High Court CWJC No.13719 of 2014 (2) dt.04-09-2017 3/3
5. In view thereof, the writ petition stands disposed off with liberty aforesaid.
6. If the petitioner approaches the statutory forum in the matter within four weeks from today, the same shall be heard and disposed off on merits expeditiously and latest within a period of six months from the date of filing such application. (Ahsanuddin Amanullah, J) S.Sb/- U