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Patna High Court - Orders

Baba Kusheshwarnath Mahdeo Mandir vs The State Of Bihar on 7 February, 2022

Bench: Chakradhari Sharan Singh, Madhuresh Prasad

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.8024 of 2021
     ======================================================
1.    Baba Kusheshwarnath Mahdeo Mandir Kusheshwar Asthan Biraul
      Darbhanga through its Sebait Rishi Jha
2.   Rishi Jha son of Shri Gauri Shankar R/o Village- Rampur Raut Tola-
     Dhobaliya, Police Station- Kusheshwar Asthan, District- Darbhanga.
                                                               ... ... Petitioner/s
                                       Versus
1.   The State of Bihar through its Principal Secretary Social Welfare
     Department, Old Secretariat, Patna, Bihar.
2.   The Bihar State Board of Religious Trust Vidyapati Marg, Patna through its
     Chairman.
3.   The Chairman, Bihar State Board of Religious Trust, Patna.
4.   The District Magistrate, Darbhanga.
5.   The Sub- Divisional Magistrate, Biraul, Darbhanga.
6.   Shri Vimal Chandra Khan, Secretary, Trust Committee, Baba Kusheshwar
     Nath Mahadeo Mandir, Kusheshwar Asthan Biraul, Darbhanga.
7.   Circle Officer, Kusheshwar Asthan, East- Member, Trustee Committee Baba
     Kusheshwar Nath Mahadeo Mandir, Kusheshwar Asthan Biraul, Darbhanga.
8.   Chandrabali Prasad Yadav Member Baba Kusheshwar Nath Mahadeo
     Mandir, Kusheshwar Asthan Biraul, Darbhanga.
9.   Shri Praveen Kumar Bharati Member Baba Kusheshwar Nath Mahadeo
     Mandir, Kusheshwar Asthan Biraul, Darbhanga.
10. Shri Anand Khetan Member Baba Kusheshwar Nath Mahadeo Mandir,
    Kusheshwar Asthan Biraul, Darbhanga.
11. Shri Vijay Kumar Shrivastwa Member Baba Kusheshwar Nath Mahadeo
    Mandir, Kusheshwar Asthan Biraul, Darbhanga.
12. Shri Krishnakant Hazari Member Baba Kusheshwar Nath Mahadeo Mandir,
    Kusheshwar Asthan Biraul, Darbhanga.
13. Shri Amarendra Kumar Jha Member Baba Kusheshwar Nath Mahadeo
    Mandir, Kusheshwar Asthan Biraul, Darbhanga.
14. Shri Janardan Sahu Member Baba Kusheshwar Nath Mahadeo Mandir,
     Kusheshwar Asthan Biraul, Darbhanga.
                                                   ... ... Respondent/s
    ======================================================
     Appearance :
     For the Petitioner/s   :      Mr. Anand Kishore Choudhary, Advocate
                                   Mr. Baxi S.R.P. Sinha
     For the Respondent/s   :      Mr. Ganpati Trivedi, Senior Counsel (BSBRT)
                                   Mr. S. K. Mandal ( SC3 )
     For respondent No. 6   :      Mr. Pankaj Kumar Jha, Advocate

     ======================================================
     CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
     SINGH
             and
             HONOURABLE MR. JUSTICE MADHURESH PRASAD
             Patna High Court CWJC No.8024 of 2021(3) dt.07-02-2022
                                                        2/2




                                                     ORAL ORDER

                   (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
                   SINGH)

3   07-02-2022

This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Mr. Baxi S.R.P. Sinha, learned counsel appearing on behalf of the petitioner, seeks permission to withdraw this writ application preferred against an order dated 05.11.2019 passed by the Bihar State Board of Religious Trust with a liberty to prefer an appeal under the provisions of Bihar State Board of Religious Trust Act.

Permission is accorded.

The petitioner shall be at liberty to prefer an appeal against the said order with an application seeking condonation of delay. Since we have not gone into the merits of various issues raised in the present writ application, the petitioner shall be at liberty to raise all such issues before the appellate authority.

This application, accordingly, stands disposed of as withdrawn with the liberty as aforesaid.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/-

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