Dharmendra Prasad vs The Bihar State Board Of Religious ...
2023 Latest Caselaw 3913 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13709 of 2022
     ======================================================

Dharmendra Prasad Son of Ramageya Parasad, resident of village - Kahla, Hazari Tola, P.S. - Barauli, District- Gopalganj.

... ... Petitioner/s Versus

1. The Bihar State Board of Religious Trust Vidyapati Marg, Patna through its Chairman.

2. The Chairman, the Bihar State Board of Religious Trust Vidyapati Marg, Patna.

3. The Superintendent of Bihar State Board of Religious Trust, Vidaypati Marh Panta.

4. Raghunath Das, son of not Known, resident of village - Kahla, P.S.- Barauli, District - Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Md. Anisur Rahman, Advocate. For the Respondent/s : Mr. Shekhar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT Date : 21-08-2023

Heard Md. Anisur Rahman, learned counsel for the

petitioner and Mr. Shekhar Singh, learned counsel for the

Bihar State Board of Religious Trust.

2. The petitioner by invoking the extraordinary

jurisdiction of this Court under Article 226 of the Constitution

of India, seeks quashing of the Letter No.3006 dated

06.09.2021 issued by the respondent no.3 by which the

respondent no.4 has been directed to submit budget of

previous years and also to deposit Trust fees in the office of

the respondent no.1 with regard to Ram Janki Mandir situated Patna High Court CWJC No.13709 of 2022 dt.21-08-2023

in village Kahla, P.S. Barauli, District Gopalganj registered

under Registration No.118 as contained in Annexure-3 to this

application. He further sought a direction upon respondent

authorities to treat the petitioner as Mahanth of the Ram Janki

Mandir.

3. The petitioner claiming himself to be Mahanth of

Ram Janki Mandir as authorized by the then Mahanth

Rajendra Das through Mukhtarnama submits that issuance of

such notice to the private respondent no.4 by the Bihar State

Board of Religious Trust is creating a right, entitlement and

interest in his favour and as such being aggrieved, the present

writ application.

4. At the this juncture, learned counsel for the

respondent Bihar State Board of Religious Trust submits that

since the petitioner is raising a disputed question of facts, it

ought not to be decided in prerogative writ jurisdiction.

5. Considering the submissions made on behalf of

the parties and taking into consideration, the nature of the

grievance, the present writ application stands disposed of with

a liberty to the petitioner to raise his dispute before the

Chairman Bihar State Board of Religious Trust respondent

no.2 along with the relevant document in support of his claim. Patna High Court CWJC No.13709 of 2022 dt.21-08-2023

6. It is needless to observe that if the petitioner files

representation along with necessary documents in support of

his claim, the same shall be considered by the respondent no.2

and after giving proper opportunity of hearing to all the

stakeholders, it would be disposed of by a reasoned and

speaking order preferably within a period of eight weeks.

(Harish Kumar, J) manoj/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          21.08.2023.
Transmission Date       NA