Janardhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17434 of 2023 ====================================================== Janardhan Singh S/o Late Rajendra Singh, R/o Village -Makardahi, P.S.- Barouni, District - Begusarai.

... ... Petitioner/s

Versus

1.

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

The Collector, Begusarai.

3.

The Additional Collector, Begusarai.

4.

The District Sub- Registrar, Begusarai.

5.

The Circle Officer, Barauni, Begusarai.

6.

The President, Bihar State Hindu Religious Trust, Vidya Pati Marge, Patna1. 7.

Manhar Deva, S/o Chandrachur Deva Resident of Opposite Mount Litra School, Ulao, P.S.- Barauni, Dist.- Begusarai. 8.

Brajbhusan Deva, S/o Chandra Bhusan Deva Resident of Opposite Mount Litra School, Ulao, P.S.- Barauni, Dist.- Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar Sinha No.1, Advocate For the Respondent/s :

Mr. Abbas Haider ( SC-6 ) For the Board :

Mr. Ganpati Trivedi, Sr. Advocate Mrs. Aishwarya Shree, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-07-2024 Heard the parties.

2. The petitioner seeks following reliefs:- (i) for issuance of a writ in nature of certiorari quashing the order vide order dated 10/8/23 whereby and where under claim of complainant petitioner herein was reject on the ground stating therein that by order dated 17/04/86 passed in Appeal No.

Patna High Court CWJC No.17434 of 2023(5) dt.23-07-2024 2/3 613/1970 set a side the order dated 23/01/1970 passed in T.S. no. 09/1961 whereby subordinate Court declared the land and mandir is public property.

(ii) for issuance of a Writ in nature of Mandamus Commanding the Pvt.

respondents to not sale the property of the Sri Gopal Lal Mandir, Singhaul, District - Begusarai. They have no any right and title to transferred the said property.

(iii) for issuance of a writ of mandamus declare the ex-party order passed in Appeal no. 613/70 is null and void.

(iv) for pass any other order/orders as which petitioner is entitled too.

3. After some argument, learned counsel for the petitioner submits that the Title Suit No. 89 of 2023 has been preferred which is pending before the Court of learned SubJudge 1, Begusarai.

4. In view of the fact that a Title Suit has already been preferred, it would be appropriate that the same is taken to its logical conclusion.

Patna High Court CWJC No.17434 of 2023(5) dt.23-07-2024 3/3

5. The writ petition stands disposed of.

(Rajiv Roy, J) Guddu/- U