Patna High Court - Orders
Anand Kumar Tiwari vs The State Of Bihar on 25 January, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18352 of 2022
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Anand Kumar Tiwari Son of Late Sampat Kumar Nath Tiwary Resident of
Bankat Ward No. 6, Noneya, P.O. Noneya, P.S. Paharpur Noneya, East
Champaran, Bihar, Pin Code- 8454222
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary Cum Principal Secretary of Revenue and
Land Reforms Department, Govt. of Bihar, Patna.
3. The Chairman Bihar State Board of Religious Trust, Vidyapati Marg, Patna.
4. The Secretary/Supritendent, Bihar State Board Religious Trust Board,
Vidyapati Marg, Patna.
5. The Collector cum District Magistrate at Bettiah, District- West Champaran.
6. The Deputy Collector Land Reforms Bettiah, District- West Champaran.
7. The Sub Divisional Officer Bettiah, District- West Champaran.
8. The Circle Officer, Bettiah District- West Champaran.
9. Jai Kumar Son of Shri Vishwanath Jhunjhunwala Resident of Gulab Bag,
Near Power House road, P.S. Bettiah, District- West Champaran.
10. Nikhil Verma @ Nikhil Kumar Verma Son of Late Pramod Kumar Verma
Resident of Mohalla- Bhagwanpur, P.O. and P.S. Kurhani, District-
Muzaffarpur. Permanent Resident of Mohalla- Jag Jiwan Nagar, Near Bara
Ramna Maidan, Ward No. 27, Town, P.O. and P.S. Bettiah, District- West
Champaran.
11. Rajnish Verma Son of Late Subodh Kumar Verma Resident of Mohalla-
Bhagwanpur, P.O. and P.S. Kurhani, District- Muzaffarpur. Permanent
Resident of Mohalla- Jag Jiwan Nagar, Near Bara Ramna Maidan, Ward No.
27, Town, P.O. and P.S.- Bettiah, District- West Champaran.
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 16268 of 2022
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1. Nikhil Verma @ Nikhil Kumar Verma son of Late Pramod Kumar Verma,
2. Rajnish Verma son of Late Subodh Kumar Verma,
Both are presently Residing at Mohalla- Bhagwanpur, P.O. and P.S.
-Kurhani, District- Muzaffarpur, Both are permanent resident of Mohalla -
Jagjivan Nagar, Near Bara Ramna Maidan, Ward No. 27, Town, P.O. and
P.S.- Bettiah, District- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Additional Chief Secretary cum Principal Secretary of Revenue and
Land Reforms, Department, Govt. of Bihar, Patna.
3. The Chairman, Bihar State Board of Religious Trusts, Vidyapati Marg,
Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024
2/11
Patna.
4. The Secretary/Superintendent, Bihar State Board of Religious Trusts,
Vidyapati Marg, Patna.
5. The Collector cum District Magistrate, at Bettiah, District - West
Champaran.
6. The Deputy Collector Land Reforms, Bettiah, District- West Champaran.
7. The Sub-Divisional Officer, Bettiah, District- West - Champaran.
8. The Circle Officer, Bettiah, District- West Champaran.
9. Jai Kumar son of Shri Vishwanath Jhunjhunwala, Resident of Gulab Bag
Near Power House Road, P.O. and P.S. - Bettiah, District - West Champaran.
10. Santosh Kumar Gupta son of Late Shivnandan Prasad Gupta, Resident of
Hathikhana Compound, Ward No.- 27, Bettiah, District- West Champaran.
11. Raju Kumar Patel son of Prabhu Prasad, Resident of Ward No. 14, Indra
Nagar, Khairatiya, P.O. and P.S. - Bettiah, District- West Champaran.
12. Binay Kumar Bagi son of Shri Krishna Ram, Resident of Jaggjivan Nagar,
Ward No. 27, P.O. and P.S. - Bettiah, District- West Champaran.
13. Bablu Paswan son of Late Amal Paswan, Resident of Jaggjivan Nagar, Ward
No. 27, P.O. and P.S.- Bettiah, District- West Champaran.
14. Sri Gosai Bhajnanand Math, Shri Ram Janki Mandir, Purvi Kargahiya
Jaggjivan Nagar, Ward No. - 27, Bettiah through Smt. Mamta Devi wife of
Late Awadh Kishore Tiwari, Resident of Purvi Kargahiya Jaggjivan Nagar,
Ward No. -27, Near Alok Bharti Shikshan Sansthan, P.O. and P.S.- Bettiah,
District- West Champaran. (Wrongly made Opposite Party No. 1 before the
Board).
15. Smt. Mamta Devi wife of Late Awadh Kishore Tiwari, Resident of Purvi
Kargahiya, Jaggjivan Nagar, Ward No. 27, Near Alok Bharti Shikshan
Sansthan, P.O. and P.S.- Bettiah, District- West Champaran.
16. Mr. Parijeet Krishna son of Late Hari Krishna @ Hari Krishna
Jhunjhunwala, the Secretary Alok Bharti Shikshan Sansthan at Mohalla
Kargahiya, Town and P.S.- Bettiah, District- West Champaran.
17. Salabh Verma son of Late Subodh Verma, R/o Motwali Sirisetedar, Shri
Gosai Bhajnanand Matha, Shri Ram Janki Mandir, Purvi Kargahiya,
Jaggjivan Nagar Ward No.- 27, P.O. and P.S.- Bettiah, District- West
Champaran, at present resident of Bhagwanpur, P.O. and P.S.- Kudhani,
District- Muzaffarpur.
18. Animesh Verma son of Late Pramod Kumar Verma R/o Motwali Sirisetedar,
Shri Gosai Bhajnanand Matha, Shri Ram Janki Mandir, Purvi Kargahiya,
Jaggjivan Nagar Ward No.- 27, P.O. and P.S.- Bettiah, District- West
Champaran, at present resident of Bhagwanpur, P.O. and P.S.- Kudhani,
District- Muzaffarpur.
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 18352 of 2022)
For the Petitioner/s : Mr.Lokesh, Advocate
For the Respondent/s : Mr.Rishi Raj Sinha (SC 19)
Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024
3/11
Mr.Manoj Kumar Sinha, AC to SC 19
For Religious Trust Board: Mr.Shekhar Singh, Advcate
For the State : Mr.P.K.Shahi, Advocate General
For Res.No.9 : Mr.Jitendra Kishore Verma, Advocate
Mr.Ravi Raj, Advocate
Mr.Yash Roohan, Advocate
(In Civil Writ Jurisdiction Case No. 16268 of 2022)
For the Petitioner/s : Mr.Abhay Shankar Singh, Advocate
Mr.Barun Kumar Singh, Advocate
For the Respondent/s : Mr.Raj Kishore Roy ( GP 18 )
For the State : Mr.P.K.Shahi, Advocate General
Mr.Raj Kishore Roy, G.P. 18
Bihar State Board of
Religious Trust : Mr.Shekhar Singh, Advocate
Private respondent : Mr.Jitendra Kishore Verma, Advocate
Mr.
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
12 25-01-2024Heard learned counsel for the petitioners and the learned counsel for the respondents.
2. Mr. Rishi Raj Sinha, learned SC 19 for the State has made a preliminary objection with respect to the maintainability of the present writ petition and he has informed that the learned Advocate General will address on the issue at 1.00 P.M. today. He further seeks to file Supplementary Counter Affidavit on behalf of the District Magistrate, West Champaran.
3. On perusal of the supplementary counter affidavit filed today, this Court finds that the government records have been torn out and no action has been taken by the State Government at any point of time. It is informed by Mr. Rishi Raj Sinha that all the records are with the Bihar State Board of Religious Trust (hereinafter to be referred as the 'Board') and Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 4/11 the President of the Board is not co-operating with the District Magistrate, Bettiah. Considering that allegation, this Court directs the President to be present in the Court at 1.00 P.M. today along with the records.
4. At this stage, Mr. Shekhar Sinha, learned counsel appearing on behalf of the Board submits that false allegation has been made by the state authorities and he informs that they never visited the Board office.
5. The petitioner and the private parties, on whose allegation the Board has proceeded to constitute a temporary public trust on the basis of a complaint made by the private persons are represented by Mr. Jitendra Kishore Verma, learned Advocate of this Court. It can not be ruled out that the interested persons may have torn out the revenue records at the circle level, in view of information of the District Magistrate that the records in the strong room is also not available relating to the plots in question in the Motihari district and the Guljarbagh Press.
6. The main contention of the State is that the petitioner or the private respondents have remedy before the competent civil court in view of Title Suit No.367 of 2022 pending before the Sub Judge-I, Bettiah. This Court finds that in Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 5/11 want of original records any order passed by the court having jurisdiction will be a nullity.
7. It is not unknown to the citizen that on the basis of forged document to create a right, frivolous cases are being filed before the court of law and on the basis of certain order passed by the concerned court, the frivolous litigations are being fought between the parties to establish as to whether they have right over the property and some get decree to that extent in support of their claim depriving the real owner having title over the property.
8. In the present case, in absence of any original document available, this Court can only direct the State to resort to take action against the authority including contractor who were involved in the process of digitization of revenue records as well as the persons, who were/are involved in tearing of the government records consciously. Admittedly, records are not present in the circle office, the complicity of the private respondent and the petitioners can not be ruled out.
9. The matter will be heard again at 1.00 P.M. today (25.01.2024).
Later on at 1:00 P.M.
10. On the request of the learned counsel appearing on Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 6/11 behalf of the Board and the State, the matter is being taken up at 01:00 p.m.
11. Vide orders dated 19.12.2023 and 23.01.2024, this Court had directed the District Magistrate, West Champaran to bring the original revenue records relating to the plot appertaining to Thana No. 132, Khata No. 43 and Plots No. 6/589, 6/590 and 6/591, which according to the private respondent no. 9, was gifted by Maharaj, Bettiah in the year 1857 for the purpose of construction of Thakurbari. The said Thakurbari has been declared to be a public trust.
12. Mr. P.K. Shahi, learned Advocate General informs that sincere efforts were taken by the District Magistrate, West Champaran and his special team constituted to locate the original revenue records relating to the aforesaid plot. It has been informed that the records relating to the aforesaid plots is in district record room in mutilated condition and, as such, it cannot be verified. Since it could not be verified physically, he had constituted a three men special team to search the record from Motihari, East Champaran and other related office but they have not been able to get the original records available at any of the government office.
13. Considering the aforesaid efforts taken by the District Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 7/11 Magistrate, West Champaran, the personal appearance of the District Magistrate, West Champaran, and other officers accompanying him is dispensed with.
14. The earlier order was passed by the Court to verify as to whether the Sanad, which has been brought on record was executed by the title holder of Plot Nos.589P and 590P. The reference of which is made in paragraph no.12 of the complaint made by the private persons on 17.07.2021. In support of the order, the learned President of the Board, who is present in the Court in person, referrred to certain documents submitted that though the survey records are not available with respect to plot nos.589P and 590P and the documents are in Kaithi, he is not able to read or decipher the document and to judge the said submission, this Court had requested him to read the first line of the Sanad and the documents, being the author of impugned order, which are available with him and on which basis, he had passed order constituting Managing Committee of the alleged Trust.The application contains seven annexures but according to the President has passed an order dated 08.07.2022 on the basis of document, which has not been read in the Court by him. This Court finds that the impugned order, as admitted by Mr. Jain, can not be appreciated for the reasons, he has admitted that Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 8/11 he is not able to read it before this Court and the other evidences contained in the complaint/application dated 17.07.2021 are also not legible to be read.
15. In support of two plots as mentioned in paragraph no.12 of the complaint, a xerox copy of lease dated 4.11.1982 has been annexed as Annexure 7. As per the statement made in paragraph no.12, the said lease was executed by one Pramod Verma claiming himself to be the Motbali.
16. This Court is surprised when already Sanad dated 30 Bhado 1264 Phasli, equivalent to 1857, why a subsequent lease deed has been executed. The complainant has sought interference of the Board to declare the property of the deity to be a public trust.
17. This Court made a query again from the President of the Board, as to whether, he had framed any issue based on the evidence and the pleadings made by the parties. He has admitted in Court that no issues were framed by him before deciding the nature of the trust in accordance with the provision of Section 28(2)(u) of the Bihar Hindu Religious Trust Act of 1950. However, the President informs that the order was passed after giving due opportunity to all necessary parties and no such objections were made at any point of time by any of the party Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 9/11 including the writ petitioners.
18. As has been admitted by Mr. Abhay Shankar, learned counsel appearing in CWJC No.16268 of 2022 claiming to be interested party in the property, intended to clarify that the tenant is propagating a proxy litigation before this Court.
19. Defending the order dated 08.07.2022, Mr. Shekhar Singh, learned counsel appearing on behalf of the Board submitted that the provisions of the Act has duly been complied with and there is no infirmity in the order impugned. So far as right of the petitioner is concerned, he has submitted that he has no locus and has filed the present writ petition bearing CWJC No.18352 of 2022 and CWJC No.16268 of 2022.
20. Mr. Singh has elaborately interpreted the provision of Section 28 (2)(u) of the Bihar Hindu Religious Trust Act of 1950 for holding the writ petition to be not maintainable and in this regard, he has also relied on Paragraph no.11 of the decision of this Hon'ble Court passed in the case of Bihar State Board of Religious Trust V. Sri Raja Prasad Agrawal reported in 2009 (2) PLJR 906.
"11. Section 28 provides for general powers and duties of the Religious Trust Board. Clause (u) of sub-section (2) to Section 28 empowers the Religious Trust Board to decide all issues whether any trust is a public or a private trust in accordance with the definition under Section Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 10/11 2(1) of the Act, 1950 and the decision of the Board remains in force until it is set aside by a competent court. The Religious Trust Board has not adjudicated any dispute relating to trust property. What they have held is that subject trust is a public trust vide its resolution dated 7th August, 2004. If the petitioners are aggrieved by the aforesaid resolution, they have to approach competent court for setting aside the said resolution. Any decision given by the Religious Trust Board on a question whether the trust is a public or a private trust is subject to final decision by the competent court, but it is for the person aggrieved by such finding to approach the competent court."
21. On these grounds, he has proceeded to submit that the Board has taken into consideration all the evidences including the judgment of the learned district court passed on 4 th July, 1936 in Title Suit No.62/1935, especially with regard to the Issue No. '1' and '1a' of the said judgment and to deny the objection raised by the petitioner of CWJC No.16268 of 2022 that the ancestor of the petitioners were party to the suit and in light of the admitted facts, he submitted that the Sanad has been admitted and at this stage, Sanad can not be disputed or questioned by the petitioners of both the writ petitions.
22. Mr. Singh also informs this Court that the petitioner of CWJC No.18352 of 2022 has filed Title Suit No.367 of 2022 with respect to Khata No.43, Plot No.6/589 and 6/590.
Patna High Court CWJC No.18352 of 2022(12) dt.25-01-2024 11/11
23. The learned President of the Board requests for time to explain the documents annexed to the complaint dated 17.07.2021, which he is not able to read in the Court, as well as, while considering the order dated 08.07.2022 passed by him, which has been challenged in the present writ petition and he seeks time to justify the order passed by him declaring the Trust to be public in nature.
24. Considering the fact that the original revenue records have not been located with respect to land in question, it would be desirable for the President of the Board to obtain the certified copies of the judgment/decree passed in T.S.No.62/1935 and other orders passed by the Court or the Apex Court in context of the plots, which are subject matter of the present writ petition.
25. At the request of the parties, the matter is heard in part.
26. Re-notify the case on 06.02.2024 at 1.00 P.M. (Purnendu Singh, J) chn/-
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