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Patna High CourtCWJC/14911/2022disposed

Sunil Kumar Das v. The State Of Bihar

2023-08-08Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14911 of 2022 ====================================================== Sunil Kumar Das son of Late Krishna Chandra Das, Resident of MohallaBekapur, P.S. Kotwali, District- Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Munger. 2.

The Collector, Munger.

3.

The Bihar State Board of Religious Trusts through its Chairman, Vidyapati Marg, Patna.

4.

The Chairman, Bihar State Board of Religious Trusts, Vidyapati Marg, Patna.

5.

The Superintendent (In-Charge), Bihar State Board of Religious Trusts, Vidyapati Marg, Patna.

6.

Parmanand Yadav son of Late Chamak Lal Yadav, Resident of VillageChhoti Mirzapur, P.S. Kasim Bazar, District- Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awnish Kumar , Advocate Mr.Shankar Kumar Choudhary, Advocate For the Respondent/s :

Mr.Rishi Raj Sinha, SC-19 For Trust Board :

Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2023 Heard Mr. Awnish Kumar, learned counsel for the petitioner and Mr. Ganpati Trivedi, learned Senior Counsel for the Trust Board.

The present petition has been preferred for the following relief:

(i) for quashing the show cause notice bearing Memo No. 792 dated 30.5.2022 (Annexure-7 issued by Superintendent (in Charge), Bihar State Board of Religious

2/4 Trust, Patna whereby and whereunder the petitioner has be asked to file his response along with all relevant materials on the complaint dated 07.04.2022 filed by the Respondent No. 6 namely Parmanand Yadav on 11.04.2022;

(ii) for direction to the Respondents concerned not to take any further steps on the complaint dated 07.04.2022 (Annexure

6) filed by the respondent No. 6 against the petitioner's private trust until the final adjudication of the instant writ application; (iii) for direction to the Respondents concerned to consider and dispose of the humble objection -cum -reply dated 05.08.2022 (Annexure-8) filed by the petitioner to the show cause notice bearing Memo No. 792 dated 30.05.2022 sent by the Superintendent (In-Charge), Bihar State Board of Religious Trust, Patna;

(iv) for quashing the order dated 05.08.2022 (Annexure-9) passed by the Respondent No.

3/4 4 whereby and where under he has passed blanket order of stay against the properties mentioned in 'Arpannama' including the property of private trust of the petitioner without deciding/disposing the objection cum reply filed by the petitioner on 05.08.2022 itself;

(v) for calling for the entire records of proceedings pending before the Competent Authority (Respondent No. 4) of the Bihar State Board of Religious Trust, Patna in relation to the petitioner's private trust in which complaint has been filed by the Respondent No. 6 on 07.04.2022;

(vi) the Petitioner for following order/orders, direction/directions for the following relief/reliefs which he entitled into facts and circumstances of the present case.

It has been informed by Awanish Kumar that during the pendency of the writ petition, unfortunately, Sunil Kumar Das died and in that back ground since his wife per-deceased him, his son grant Power of Attorney to his uncle, Manish

4/4 Chandra Agrawal who has preferred C.W.J.C. No. 9919 of 2023 which is pending.

In view of the fact that Sunil Kumar Das is no more and pursuant to Power of Attorney given by his son, another writ petition has already been filed, this writ petition has to be disposed of as abated.

(Rajiv Roy, J) Ravi/- U