Bharat Paswan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17355 of 2018 ====================================================== Bharat Paswan Son of Late Sukhdeo Paswan, Resident of village + P.O.- Garhiya Balua, Police Station - K. Nagar, District - Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar through Collector, Purnea 2.

Collector, Purnea.

3.

The Bihar State Board of Religious trust through its Chairman, Govt. of Bihar, Patna.

4.

The Superintendent of Police, Purnea.

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

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Advocate Mr. Rajeev Kumar, Advocate For the Respondent/s :

Mr. Sunil Kumar Mandal, SC-3 Mr. Arjun Prasad, AC to SC-3 For the Board :

Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned Senior Counsel for the Board. Learned counsel for the petitioner submits that the petitioner would be satisfied in the event if a direction is given to the respondent no. 3 to dispose of the representation filed by the petitioner dated 25.03.2018.

The Court is not satisfied with the pleadings made in the writ application nor the prayer is clear. However, learned Senior Counsel appearing for the Board by way of gratis submits that if property of any public trust is being misused and the same comes to the notice of the Board then definitely the Board will take action. Learned Senior

Patna High Court CWJC No.17355 of 2018(2) dt.02-05-2023 2/2 Counsel next submits that in the event if the petitioner files a proper application before the Chairman of the Board bringing to his notice with clarity the misuse of the property of public trust, the same shall be considered and disposed of in accordance with law within a period of one month from the date of filing of the representation.

In view of the submission made by the learned Senior Counsel for the Board, the writ application is disposed of with a direction to the petitioner to file a fresh representation before the Chairman of the Board stating with clarity the misuse of the property being committed, as pleaded in the writ petition. In the event, if the representation is filed by the petitioner on or before 15.05.2023, the Chairman of the Board shall consider and dispose of the same expeditiously in accordance with law.

(Satyavrat Verma, J) Kundan/- U