Patna High Court
Dr. Amit Kumar Singh vs The State Of Bihar on 22 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3000 of 2023
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Dr. Amit Kumar Singh Chele-Late Mahanth Raghuvir Das, Resident of
Village-Mohiuddin Nagar, P.S.-Mohiuddin Nagar, District-Samastipur
(Bihar).
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Law and
Justice, Government of Bihar, Patna.
2. The Bihar Board of Religious Trust, Bidayapati Marg, Patna.
3. The Superintendent of Police, Samastipur.
4. The Deputy Superintendent of Police, Patory, District-Samastipur.
5. The Circle Office Mohiuddin Nagar, Samastipur.
6. The District Magistrate, Samastipur.
7. The Addl. Chief Secretary, Department of Home, Government of Bihar,
Patna.
8. Ram Saran Das @ Shivjee Das, Disciple Late Mahanth Sitaram Das,
Resident of Village-Samastipur, P.S. Mohiuddin Nagar, District-Samastipur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Md. Shadab Alam Wazdi, Adv.
For the BRTB : Mr. Ganpati Trivedi, Sr. Adv.
For the State : Mr. Prasant Pratap ( GP 2 )
Mr. Gopal Krishna, AC to GP 2
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 22-08-2023
Heard Mr. Md. Shadab Alam Wazdi, learned counsel
appearing on behalf of the petitioner. The State is represented by
Mr. Gopal Krishna and Mr. Ganpati Trivedi, learned senior
counsel for the Bihar State Board of Religious Trusts.
2. The petitioner, by invoking the extraordinary writ
jurisdiction of this Court under Article 226 of the Constitution,
Patna High Court CWJC No.3000 of 2023 dt.22-08-2023
seeks quashing of the order contained in Memo No. 1863 dated
05.03.2022 issued under the Signature of the President, Bihar
State Board of Religious Trusts, Patna, whereby the respondent
no. 8 has been declared as Priest of Shree Ram Janki Mandir,
situated At and P.O.-Mohiuddin Nagar, District-Samastipur. The
petitioner further seeks a direction commanding the respondents
to appoint the petitioner as a Priest of the afore-noted Mandir.
3. This Court, after having heard the parties, is unable
to accept the prayer of the petitioner that a writ of mandamus
can be issued for declaration of the petitioner as Priest of the
Temple in question.
4. Well settled it is that a writ of mandamus may be
issued in favour of a person who establishes a legal right in
himself. It may be issued against a person who has a legal duty
to perform but has failed or has neglected to do so and such a
duty emanates by operation of law.
5. Taking note of the settled legal position, learned
counsel for the petitioner seeks permission to file a proper
representation before the President, Bihar State Board of
Religious Trusts.
6. In view thereof, the present writ application stands
disposed of with liberty to the petitioner to file a representation
Patna High Court CWJC No.3000 of 2023 dt.22-08-2023
before the President, Bihar State Board of Religious Trusts,
Patna.
7. It is needless to observe that if such representation
is filed within a period of four weeks from today, the President,
Bihar State Board of Religious Trusts shall consider and dispose
of the same by passing a reasoned and speaking order preferably
within a further period of eight weeks.
(Harish Kumar, J)
Anjani/-
AFR/NAFR N.A.
CAV DATE N.A.
Uploading Date 22.08.2023
Transmission Date N.A.
