Mahanth Krishna Dutt Das And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23131 of 2018 ====================================================== 1.

Mahanth Krishna Dutt Das S/o- Late Hira Das, 2.

Prem Dutt Paney, S/o Mahanth Krishna Dutt Das Both are R/o Village- Tilak Tajpur, P.S. Block- Runi Saidpur, District- Sitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 2.

The Bihar State Religious Trust Board through it's President at Vidyapati Marg, Patna.

3.

The President, Bihar State Religious Trust Board at Vidyapati Marg, Patna. 4.

The Collector- District Magistrate, Sitamarhi. 5.

The Circle Officer, Runi Saidpur, District- Sitamarhi. 6.

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

For the Petitioner/s :

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

Mr. Rishi Raj Sinha, SC-19 Mr. Saurabh Kumar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners, learned counsel for the State and learned Senior counsel for the Board, Sri Ganpati Trivedi.

The learned counsel for the petitioners, at the outset, submits that the writ petitioner No. 1, during pendency of the writ application died, as such I.A. No. 01 of 2019 has been filed seeking substitution of his legal heirs as mentioned at Para-2 of the I.A. No. 01 of 2019.

In view of the submission made by the learned counsel for the petitioners, I.A. No. 01 of 2019 is allowed, the

Patna High Court CWJC No.23131 of 2018(2) dt.05-05-2023 2/2 legal heirs of the petitioner No. 1 are substituted in his place. The learned counsel for the petitioner, after arguing vehemently for some time, realizes his difficulty and thus seeks permission to withdraw the writ application with liberty to challenge the order impugned in the present writ application in accordance with law before an appropriate forum. The learned counsel for the petitioners also submits that Section 28(3) prescribes a period of 90 days for approaching the learned District Judge being aggrieved by an order of removal of the Trustee by the Board. Permission is accorded.

In the event, if any application is filed by the petitioners challenging the order impugned in the present writ application and issue of limitation arises then the competent/appropriate authority shall keep in mind that petitioner was pursuing his remedy before this Court since 03.12.2018 till date.

(Satyavrat Verma, J) Rishabh/- U