Sri Ram Janki Rampurwa Trust / Math vs The State Of Bihar And Ors
2023 Latest Caselaw 37 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.7811 of 2017
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Sri Ram Janki Rampurwa Trust / Math of Village- Rampur Khajuria, P.S.- Dumariyaghat, District- East Champaran through its Mahanth/Trustee Sri Ram Ratan Das @ Mahanth Ram Ratan Das s/o Sheo Prasad Singh, Resident of Village + P.O. - Rampur Khajuria, P.S. - Dumariyaghat, District - East Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Revenue Department, Govt. of Bihar, Patna.

2. The Collector cum District Magistrate, East Champaran, Motihari.

3. The Bihar State Religious Trust Board through its Chairman, Vidyapati Marg, P.S. - Budha Colony, District- Patna.

4. The Superintendent, Bihar State Religious Trust Board, Vidyapati Marg, P.S.

- Budha Colony, District- Patna.

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

For the Petitioner/s : Mr. Dhurendra Kumar, Advocate For the State : Mr. Raj Kishore Roy, GP 18 For the Board : Mr. Ganpati Trivedi, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE HARISH KUMAR)

Date : 02-01-2023

Heard Mr. Dhurendra Kumar, learned counsel for the

petitioner; Mr. Raj Kishore Roy, learned GP 18 for the State and

Mr. Ganpati Trivedi, learned counsel for the Bihar State Board of

Religious Trusts.

Patna High Court CWJC No.7811 of 2017 dt.02-01-2023

2. By invoking the extraordinary jurisdiction of this

Court, the petitioner has filed the present writ petition seeking a

direction upon the respondents, especially respondent no. 2, to

implement/ execute the order dated 21.04.2016 passed in Case No.

9 of 2010 and subsequent order dated 21.09.2016 passed in

Miscellaneous Case No. 02 of 2016 by the Bihar Hindu Religious

Trust Tribunal and to remove the encroachment made over the

land of the petitioner and hand over the vacant possession of the

petitioner.

3. Considering the nature of the prayer, this Court does

not think it proper to invoke the jurisdiction of this Court. At the

outset, it is submitted on behalf of learned counsel for the

petitioner that for the reliefs prayed for in the present writ

application, the petitioner has moved before the Collector, East

Champaran, Motihari by filing a representation as contained in

Annexure-3 to the writ petition, which has not been disposed of till

date.

4. Considering the prayer made on behalf of the

petitioner, the present writ petition stands disposed of with a

direction to the respondent no. 2 to consider the grievance of the

petitioner and to dispose of the representation, preferably within a Patna High Court CWJC No.7811 of 2017 dt.02-01-2023

period of four weeks from the date of receipt or production of a

copy of this order.

5. Accordingly, the present writ petition stands disposed

of with the aforesaid direction.

(Ahsanuddin Amanullah, J)

(Harish Kumar, J)

Ranjeet/Anjani

AFR/NAFR U T