Narendra Kumar Choubey vs The State Of Bihar & Ors on 12 February, 2015

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Patna High Court - Orders

Narendra Kumar Choubey vs The State Of Bihar & Ors on 12 February, 2015

Bench: Jyoti Saran

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.10063 of 2014
                 ======================================================
                 Narendra Kumar Choubey
                                                                       .... .... Petitioner/s
                                                    Versus
                 The State of Bihar & Ors
                                                                      .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :   Mr. Anil Kumar Mishra, Adv.
                 For the Respondent/s       : Mr. Ashok Priyadarshi, GA-4
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
                 ORAL ORDER


2   12-02-2015

The petitioner is aggrieved by the construction being made at the instance of the respondent No.7 who happens to be the Mukhiya of Gram Panchayat Mohammadpur in the District of Saran as well as by the construction being made by the Health Department as well as the policing authorities.

According to the petitioner, the land over which such constructions are being made is a property of the Ram Janki Math which is a public trust registered under the Bihar Hindu Religious Trust Act (hereinafter referred to as 'the Act') and the rules framed thereunder.

Learned counsel for the Trust Board also on oral instructions supports the grievance of the petitioner and submits that the petitioner should file an application under Section 43D of the Act before the Tribunal for necessary orders for removal of encroachment.

2 Patna High Court CWJC No.10063 of 2014 (2) dt.12-02-2015

2/2

Issue notice to the respondent No.7 both under ordinary process as well as registered cover with A/D for which requisites etc. be filed within one week, failing which this application shall stand dismissed as against the concerned respondent without further reference to the Bench.

Let the District Magistrate, Saran at Chapra file a counter affidavit after holding spot verifications as to the allegations set out as regarding the construction of Governmental offices on the trust property as also taken note of hereinabove.

Put up after service of notice/appearance of respondent No.7 whichever is earlier under the heading 'For Orders'.

Bibhash/-                                                          (Jyoti Saran, J)


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Patna High Court - Orders