Patna High Court - Orders
Badshah Singh @ Badshah Ray, Chela Late ... vs The State Of Bihar Through Additional ... on 18 April, 2022
Bench: Chakradhari Sharan Singh, Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15248 of 2021
======================================================
Badshah Singh @ Badshah Ray, Chela Late Nalanda Giri son of Sri
Mahendra Rai, aged about 41 years, male, Resident of Village Laheri, Police
Station- Kochas, District- Rohtas.
... ... Petitioner
Versus
1. The State of Bihar through Additional Chief Secretary, Home Department,
Govt. of Bihar, Patna.
2. The Bihar State Religious Trust Board, Patna through its Chairman.
3. The Chairman, Bihar State Religious Trust Board, Patna.
4. The District Magistrate, Rohtas, Sasaram.
5. The Superintendent of Police, Rohtas, Sasaram.
6. The Assistant Superintendent of Police, Rohtas, Sasaram.
7. The Sub Divisional Officer, Sasaram, Rohtas.
8. The Circle Officer, Kochas, District- Rohtas.
9. The Officer Incharge, Kochas Police Station, District- Rohtas.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Surendra Kumar Choubey, Adv.
For the Respondents : Mr. Md. Fazle Karim, AC to SC-1
For the Board : Mr. Ganpati Trivedi, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
4 18-04-2022The present writ application has been filed seeking direction to the authorities to grant adequate protection in respect of the property of Laheri Math, which is a religious trust within the meaning of the Section 2 (e) of the Bihar Hindu Religious Trusts Act,1950 ('the Act' for short) in the District of Rohtas. The petitioner is relying on an order dated 09-07-2021, Patna High Court CWJC No.15248 of 2021(4) dt.18-04-2022 2/3 passed by the Chairman, Bihar State Board of Religious Trust (for brevity ' the Board') whereby and whereunder the petitioner has been appointed as trustee of the said trust. The petitioner claims to be Sawait of the said Laheri Math.
2. On perusal of records, we find that the pleadings are completely deficient inasmuch as, they do not at all disclose the details of different properties which belong to the said Laheri Math. Learned counsel for the petitioner has argued that for last more than nine years there has been no agricultural activities over the lands belonging to the Laheri Math because of persistent disturbance caused by the locals and, admittedly, for more than nine years, no budget/returns has been submitted before the Board as stipulated under Section 60 of the Act. We are of the considered view that this writ application is devoid of any merit and no relief as sought can be granted.
3. Learned counsel for the petitioner has, however, submitted that such lands of the Math, over which, there is no dispute and is in possession of the Math can be utilized for any charitable or religious purpose. Mr. Trivedi, learned senior counsel appearing on behalf of the Board, on the other hand, has submitted that if any application is made to the Board, in this regard, for appropriate use of the land held by the Math, with Patna High Court CWJC No.15248 of 2021(4) dt.18-04-2022 3/3 the permission of the Board, necessary steps can be taken for putting the land to use for any charitable or religious purpose. He has further assured this Court that the Board will bring on record the details of the properties belonging to the said Math by filing a counter affidavit, for the aforesaid limited purpose.
4. Let a counter affidavit be filed giving details of the land belonging to Laheri Math for passing appropriate further orders.
5. List this case on 09-05-2022.
(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) shyambihari/-
U