Deep Narayan Rai And ORS v. Bihar State Board Of Religious Trusts And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No. 627 of 2018 ===========================================================
1. Deep Narayan Rai, son of Late Mitthu Lal Rai, resident of Maa Bhagwati Niwas, West Boring Canal Road, P.S. S.K. Puri, Town and District Patna.
2. Dr. Gauri Shankar Lal, son of Late Mitthu Lal Rai, resident of Boring Road Main Crossing, P.S. Buddha Colony, Town and District- Patna.
3. Manju Narayan, wife of Late Pradeep Narayan,
4. Praveer Narayan, son of Late Pradeep Narayan, Both residents of Pavan Pradeep Apartment, Khaitan Lane West Boring Canal Road, P.S. S.K. Puri, Town and District- Patna.
.... .... Petitioners
Versus
1. Bihar State Board of Religious Trusts, Vidyapati Marg, P.S. Kotwali, Town and District Patna through its Administrator cum Special Executive Officer.
2. Naval Kishore Pandey, son of Late Nand Kishore Pandey, resident of Gopal Krishna Basera, Miss Mandal Compound, in the house of A.K. Sinha, behind Sri Ram Kunj Apartment, P.S. Budha Colony, Town and District- Patna. .... .... Respondents =========================================================== Appearance :
For the Appellant/s : Mr. Pankaj Maijorwar For the Respondent/s : Mr. GANPATI TRIVEDI =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 24-04-2018 Heard both sides.
The petitioners have filed Title Appeal No.38 of 2016 against the judgment and decree passed by learned District Judge, Patna, for which the petitioners filed suit for declaration of Math to be his personal property and for setting aside the order to Bihar Religious Trust Board for taking over the Math.
The petitioners filed petition for injunction, restraining the respondents from taking over the possession of temple but hearing of the petition was adjourned to 01.05.2018.
Learned counsel for the petitioners submits that let the
Patna High Court C.Misc. No.627 of 2018 dt.24-04-2018 2/2 petition of the petitioners be decided on 01.05.2018 and in the meantime the Bihar Religious Trust Board may be restrained from taking over the possession of the temple.
Mr. Ganpati Trivedi, learned Senior counsel for the Bihar Religious Trust Board submits that he will file rejoinder on 01.05.2018 in the court and the court may be directed to dispose of the petition expeditiously within one month, thereafter and he undertook not to take possession to the temple till disposal of the petition. Considering the submissions made on behalf of both the sides, I direct the District Judge, Patna to decide the petition of the petitioners expeditiously after hearing the parties on day to day from 01.05.2018 and dispose of the petition within two weeks thereafter. In the meantime since Mr. Ganpati Trivedi, learned Senior counsel has undertaken not to take possession of the math, there is no need of passing any order restraining from taking possession of the math.
With this observation, this Civil Miscellaneous petition is disposed of.
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