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Patna High CourtCWJC/18460/2023allowed

Pradip Kumar Puri v. The Chairman, Bihar Hindu Religious Trust Board

2025-03-24Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18460 of 2023 ====================================================== Pradip Kumar Puri son of Sri Ramji Puri, Chairman Dhaneshwarnath Mandir Trust, Singashni, Resident of Village-Singashni, P.S.-Baikundhpur, DistrictGopalganj. ... ... Petitioner/s

Versus

1.

The Chairman, Bihar Hindu Religious Trust Board Patna. 2.

The State of Bihar through District Magistrate, Gopalganj. 3.

The Sub Divisional Officer, Gopalganj.

4.

The Circle Officer, Baikunthpur, Gopalganj.

5.

The Block Development Officer, Baikunthpur, Gopalganj. 6.

Raj Kishor Giri Son of Late Kapildev Giri, Resident of Village - Sigasani, P.O. Khajuhatti, Dighwa Dubauli, P.S. Baikunthpur, District - Gopalganj. 7.

The Administrator, Bihar State Religious Trust Board, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Mr. Gyan Prakash Ojha, GA-7 For the Intervenor :

Mr. Advocate Respondent ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner as well as learned counsel for the State and learned counsel for the intervenor respondent.

2. The present writ petition has been filed for quashing of the order dated 03.04.2023 and 26.08.2023 passed by the Bihar State Religious Trust Board, Patna (respondent no. 7) whereby and whereunder the Board has directed to register the private land of the Mandir with the Board without hearing the owner of the land in question (petitioner).

3. Learned counsel for the petitioner submits that only

Patna High Court CWJC No.18460 of 2023(11) dt.24-03-2025 2/2 thing in the present writ petition is that the Bihar State Religious Trust Board has the power to pass such an order, but it appears from the impugned order itself that the Board has passed the order without hearing the petitioner.

4. Learned counsel for the petitioner has relied upon the judgment of this Hon'ble Court reported in (2010) 3 PLJR 199 (Kasera Dharamsala vs. The Bihar State Board of Religious Trust).

5. Considering the limited prayer in of the writ petition and the fact which is transpires from the impugned order itself that before passing of the impugned order, the petitioner has not been heard by the Board.

6. In view of the aforesaid, the orders dated 03.04.2023 and 26.08.2023 (Annexure-24) are hereby set aside and the Board is directed to hear the matter afresh and after hearing all the parties including the intervenor respondent, Administrator of Board is directed to pass a reasoned and speaking order, within a period of four months, in accordance with law.

7. With the aforesaid direction, the present writ petition is allowed.

(Rajesh Kumar Verma, J) Jyoti Kumari/- U