← Library
Patna High CourtCWJC/14589/2024disposed

Madan Gopal v. The State Of Bihar,

2024-09-23Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14589 of 2024 ====================================================== Madan Gopal Son of Late Janme Jay Mahto Resident of village- Singhiya Bujurg (North), Anchal and P.S.- Bibhutipur, District- Samastipur at present residing at B-2/6, Rajdhani Apartment, Road No. 01, Mahesh Nagar, P.S. S.K. Puri, District- Patna- 800024.

... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Commissioner, Darbhanga Division, Darbhanga. 3.

The Collector, Samastipur, District- Samastipur. 4.

The Sub-Divisional Officer, Rosera, District- Samastipur. 5.

The President, Bihar State Religious Trust Board, Vidyapati Marg, Patna. 6.

Om Prakash Mahto Son of Late Mahendra Mahto alleged Secretary of Ram Janki Mandir, Singhiya Bujurg (North), P.S. and Anchal- Bibhutipur, District- Samastipur.

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

For the Petitioner/s :

Mr.Amar Nath Singh, Adjv.

For the Respondent/s :

Additional Advocate General (3) For BSBRT :

Mr. Ganpati Trivedi, Sr. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2024 Heard the parties.

2. That the petitioner seeks indulgence of this Hon'ble Court for the following reliefs :- " i) For an issuance of writ of Certiorari or appropriate writ or writs, order or orders, direction or directions for quashing the notification vide memo no. 2984 dated 29.11.2004 issued by the respondent no.5 the President, Bihar State Religious Trust Board as contained

Patna High Court CWJC No.14589 of 2024(2) dt.23-09-2024 2/3 in Annexure:3 to the writ petiton, whereby and where under the Ramjanki Mandir of the petitioner being private Mandir declared public without notice to the petitioner in his absence, which is illegal, unjust and against the principle of natural justice.

ii) For an issuance of writ of Certiorari or any other appropriate writ or writs for quashing the order dated 25.02.2023 passed by the respondent no.5, as contained in Annexure: 4 to this writ petition, whereby and whereunder the private Ramjanki Mandir has been declared as public Mandir by the Committee constituted by the Bihar State Religious Trust Board, respondent no.5 and refused to entertain the objection of the petitioner without going through the documents filed by the petitioner and directed/advised to redress grievances in the proper and competent court.

iii) For any other relief or reliefs for which the petitioner is found to be entitled in the facts and circumstances of the case

3. After some arguments, learned counsel for the petitioner submits that he will be availing the remedy under

Patna High Court CWJC No.14589 of 2024(2) dt.23-09-2024 3/3 section 32(3) of the Bihar Hindu Religious Trust Board Act in next four weeks.

4. In case, such petition is preferred, the competent court will expedite the matter.

5. The writ petition stands disposed of.

(Rajiv Roy, J) perwez U