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Patna High Court
Ashok Kumar Singh vs The State Of Bihar on 18 February, 2026
Author: Harish Kumar
Bench: Harish Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.57 of 2025
In
Civil Writ Jurisdiction Case No.3282 of 2022
======================================================
Ashok Kumar Singh Son of Late Ramta Prasad Singh, Resident of Village
Mojari, P.S. - Shivsagar, District- Rohtas, at Sasaram, the Manager of Shri
Thakur Jeet Mahabir Jee Mandir, Mojari.
... ... Appellant/s
Versus
1. The State of Bihar Revenue Secretary, Government of Bihar, Patna.
2. The Bihar State Board of Religious Trust, through its Chairman, Vidyapati
Marg, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Mahasweta Chatterjee, Advocate
For the Respondent/s : Mr. Additional Advocate General (12)
For the Board : Mr. Ganpati Trivedi, Sr. Advocate
Mr. Saurav Suman, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-02-2026
The Letters Patent Appeal has been filed challenging
the order dated 13.12.2024 passed by the learned Single Judge
of this Court in C.W.J.C. No. 3282 of 2022. By filing the writ
petition, the appellant/petitioner prayed for quashing a part of
the order dated 20.07.2021, by which the Chairman and other
members of Bihar Hindu Religious Trust Board directed the
parties not to Sale, Mortgage the property involved in the case.
The appellant/petitioner further sought a direction to the
Patna High Court L.P.A No.57 of 2025 dt.18-02-2026
respondent no. 2, Bihar State Board of Religious Trust, to hear
the case and decide the nature of the trust by full-fledged Board.
2. The learned Single Judge after hearing the parties,
has been pleased to observe as follows:-
"8. It is yet to be decided as to whether
the Trust in question, is public or private.
I am of the view that unless the nature of
the trust whether it is public or private is
adjudicated upon, any person cannot
alienate the properties relating to the
trust. The learned President of the Board
has restrained all the parties from
alienating the properties and he directed
to maintain status quo by the impugned
order dated 20-07-2021. The order of the
Board is well reasoned and it requires no
interference."
3. Aggrieved with the order of dismissal of the writ
petition, the Letters Patent Appeal has been filed.
4. When the matter was taken up on 29.01.2026, we
asked the learned counsel for the respondents to obtain
instruction regarding the status of the proceeding before the
Trust and whether there is any kind of stay order passed by this
Court or by any other Court in connection with the said case.
5. Today the learned counsel for the respondents
submitted that there is no stay order by any Court and the matter
is sub-judice before the respondent no. 2 and notice has been
Patna High Court L.P.A No.57 of 2025 dt.18-02-2026
issued to the appellant, Ashok Kumar Singh, asking him to
appear on 20.02.2026.
6. The learned counsel for the appellant submits that
since notice has already been issued, the appellant will co-
operate with the early disposal of the proceeding and necessary
direction may be issued to the concerned authority to expedite
the hearing.
7. The learned counsel for the respondents have no
objection to such submission made by the learned counsel for
the appellant.
8. Considering the submissions advanced by the
learned counsel for the respective parties, the respondent no. 2 is
directed to decide the nature of Trust, in question, under Section
28(2)(u) of the Bihar Hindu Religious Trusts Act, 1950 in
connection with Shri Thakur Jee and Mahavir Jee Mandir.
9. No adjournments shall be granted to any of the
parties and it is expected that both the parties shall co-operate
for early disposal of the case. The respondent no. 2 shall take all
sincere efforts to conclude the proceedings at an earliest,
preferably within a period of three months from the date of
receipt of the order. The appellant shall produce the certified
copy of the order before the concerned authority.
Patna High Court L.P.A No.57 of 2025 dt.18-02-2026
10. The Letters Patent Appeal stands disposed off.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 20.02.2025
Transmission Date NA
