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Patna High CourtCWJC/13501/2023disposed

Pradyot Kumar @ Pradyot Kumar Singh v. The State Of Bihar

2024-02-01Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13501 of 2023 ====================================================== 1.

Pradyot Kumar @ Pradyot Kumar Singh Son of Krishna Nand Singh, resident of Village-Ramgaon, Post-Rangaon, Police Station-Dhoraiya, District-Banka, Bihar.

2.

Rajnish Kumar Singh, son of Sunil Kumar Singh, resident of VillageRamgaon, Post-Rangaon, Police Station-Dhoraiya, District-Banka, Bihar. 3.

Nilesh Kumar Singh @ Lilesh Kumar Singh, son of Ashok Kumar Singh, resident of Village-Ramgaon, Post-Rangaon, Police Station-Dhoraiya, District-Banka, Bihar.

4.

Sunny Kumar Singh, son of Manoj Kumar Singh, resident of VillageRamgaon, Post-Rangaon, Police Station-Dhoraiya, District-Banka, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Chairman, Bihar State Board of Religious Trust, Vidyapati Marg, Patna. 4.

The Divisional Commissioner, Bhagalpur Division, Bhagalpur. 5.

The District Magistrate-cum-Collector, Banka. 6.

The Additional Collector, Banka.

7.

The Sub-Divisional Magistrate, Banka.

8.

Vivekanand Singh, son of Late Jai Krishna Prasad Singh, resident of VillageRangaon, Police Station-Dhoriya, District-Banka (Bihar). 9.

Acchutanand Singh, son of Late Jai Krishna Prasad Singh, resident of Village-Rangaon, Police Station-Dhoriya, District-Banka (Bihar). 10.

Brajesh Rathore, son of Brahmdeo Prasad Singh, resident of VillageRangaon, Police Station-Dhoriya, District-Banka (Bihar). 11.

Anup Kumar Singh, son of Late Gajendra Prasad Singh, resident of VillageRangaon, Police Station-Dhoriya, District-Banka (Bihar). ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kumar Singh, Advocate For B.S.R.T.B.

:

Mr. Ravi Ranjan, Advocate For respondents no. 9 to 12:

Dr. Ramesh Kumar Singh, Advocate Mr. Rana Ishwar Chandra, Advocate For the State :

Ms. Kumari Amrita ( GP- 3 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-02-2024 Heard Mr. Surendra Kumar Singh, learned counsel appearing on behalf of the petitioners; Mr. Ravi Ranjan, learned

Patna High Court CWJC No.13501 of 2023(3) dt.01-02-2024 2/2 counsel appearing on behalf of the Bihar State Religious Trust Board (hereinafter referred to as the 'Board'); Dr. Ramesh Kumar Singh, learned counsel appearing on behalf of respondents no. 9 to 12 and Ms. Kumari Amrita, learned GP-3 for the State.

2. Learned counsel appearing on behalf of the petitioners seeks to pursue remedy before the Chairman of the Board on the basis of the fact that the order passed by the Board is contrary to the catena of judgments passed by the Apex Court and different High Courts in which, it has been held that the tradition followed by a particular sect cannot be interfered with.

3. This Court finds that the order dated 19.07.2023 contained in Memo No. 1343 is ex-parte and the same is hereby set aside and quashed.

4.The parties, if so advised, may avail appropriate remedy in accordance with law.

5. Accordingly, the present writ petition is disposed of.

(Purnendu Singh, J) Niraj/- U