Mahanth Shri Govind Das @ Govind Das v. The State Of Bihar Through The District Magistrate

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.42 of 2024 In Civil Writ Jurisdiction Case No.21359 of 2021 ====================================================== Mahanth Shri Govind Das @ Govind Das Chela of Late Mahanth Radha Charan Das, resident of village- Chanaura Goth, P.O. - Chanauraganj, P.S. - Jhanjharpur, District - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate Madhubani namely Shri Arvind Kumar Verma.

2.

The Collector, Madhubani namely Shri Arvind Kumar Verma. 3.

The Chairman, The Bihar State Religious Trust Board, Vidyapati Marg, Patna namely Sri Akhilesh Kumar Jain.

4.

The Bihar State Religious Trust Board, Vidyapati Marg, Patna through the Administrator namely Sri Akhilesh Kumar Jain. 5.

The Administrator, Bihar State Religious Trust Board, Vidyapati Marg, Patna namely Akhilesh Kumar Jain.

6.

The Deputy Collector, Land Reforms, Jhanjharpur, District- Madhubani namely Sudhir Kumar Sinha.

7.

The Additional Collector, Madhubani namely Naresh Jha. 8.

The Sub Divisional Officer, Jhanjharpur, District - Madhubani namely Sri Shailesh Kumar Chaudhary.

9.

The Circle Officer, Jhanjharpur District-Madhubani namely Sri Sumit Kumar Singh.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat, Advocate For the Opposite Party/s :

Standing Counsel- 25 For the B.S.R.T.B.

:

Mr. Ganpati Trivedi, Sr. Advocate Mr. Saurabh Suman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2026 The Ld. Senior Counsel appearing for the Bihar State Board of Religious Trust, Patna submits that the land in question is a raiyati land belonging to temple trust, hence the appropriate remedy is not under the Bihar Public Land Encroachment Act,

Patna High Court MJC No.42 of 2024(7) dt.25-02-2026 2/2 1956 but under the Bihar Hindu Religious Trusts Act, 1950 and the proper remedy for the petitioner is to file appropriate application under Section 43D of the Bihar Hindu Religious Trusts Act, 1950.

2.

In view of the aforesaid, the Ld. Counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate application under Section 43D of the Bihar Hindu Religious Trusts Act, 1950 before the appropriate authority. Liberty, so sought, is granted.

3.

The petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U