Mahanth Sagar Muni Chela v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18197 of 2014 ======================================================

1. Mahanth Sagar Muni Chela (Disciple) Late Narayan Das Resident of Village - Ghoswari, P.S. - Bakhtiarpur, District - Patna, presently residing in Mohalla - Kadamkuan, P.S. - Kadamkuan, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through Collector, Patna

2. The Bihar State Board of Religious Trust Vidyapati Marge, Patna through its Chairman.

3. Chairman, the Bihar State Board of Religious Trust Vidyapati Marge, Patna

4. Patna Municipal Corporation Patna through its Commissioner

5. Commissioner, Patna Municipal Corporation, Patna

6. The Executive Officer, Patna City Circle, Patna Municipal Corporation, Patna

7. Sri Pancham Das Chela of Late Mahanth Govind Das R/o Mohalla - Chalitaur, P.S. - Alamganj, District - Patna

8. Mahanth Shambhu Das @ Shiv Das, Chela (Disciple) of Late Mahanth Prem Das Resident of Mohalla - Chalitaur, P.S. - Alamganj, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suresh Prasad Bhakta, Adv. For the Respondent/s : Mr. Sanjay Pandey, G.P.21 For the Board : Mr. Ganpati Trivedi, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner, learned counsel for the State and Mr. Ganpati Trivedi, learned counsel for the Religious Trust Board.

Apart from the fact that an order passed in 2011 granting mutation in favour of one Shambhu Das in respect of the property of the Nanak Sahi Sangat in the town and district of Patna is sought to be questioned after 3 years another aspect of the matter which does not persuade this Court to interfere with the order of

Patna High Court CWJC No.18197 of 2014 (3) dt.04-02-2016 2/2 mutation passed by the Patna Municipal Corporation is that the claim of the petitioner is based on a power of attorney even when the person granting such attorney Puncham Das was alive, waived contest and never chose to question the order of mutation. It is stated at the bar by Mr. Ganpati Trivedi appearing for the Religious Trust Board that the said Shambhu Das in whose favour the mutation order stands, has been recognized as Mahanth of the Nanak Sahi Udasin Sangat and has been appointed Trustee by the Board and which order has not been put to question before any forum by the petitioner.

No cause for interference is made out. The writ petition is disposed of.

(Jyoti Saran, J) Bibhash/- U