Bihar State Board Of Religious Trust & ... vs Mahanth Ravi Shankar Giri & Ors on 14 June, 2017

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Patna High Court - Orders

Bihar State Board Of Religious Trust & ... vs Mahanth Ravi Shankar Giri & Ors on 14 June, 2017

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Appeal No.522 of 2017
                 ======================================================
                 1. Bihar State Board of Religious Trust, Vidyapati Maqrg, PS-Budha
                    Colony, Dstrict-Patna through its Administrator
                 2. The Superintendent, Bihar State Board of Religious Trust, Vidyapati
                    Marg, P.S-Budha Colony, District-Patna
                                                                     .... .... Appellant/s
                                                  Versus
                 1. Mahanth Ravi Shankar Giri, Chela of Late Mahyanth Shiva Nand Giri
                    of Areraj Maht, PO & PS Areraj, District-West Champaran at Motihari

                                                          Plaintiff.... .... Respondent 1st set
                 2. The State of Bihar through Collector, East Champaran at Motihari
                 3. The Collector, East Champaran at Motihari
                 4. The Anhal Adhikari, Areraj, PO & PS-Areraj, District- East Champaran
                    at Motihari
                                         Defendants-Respondents-Respondent 2nd set

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                 Appearance :
                 For the Appellant/s  :   Mr. Ganpati Trivedi, Sr. Advocate
                                          Mr. Shekhar Singh, Advocate
                 For the Respondent/s   :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                 SHARAN SINGH
                 ORAL ORDER

2   14-06-2017

The present appeal, under Order 43 Rule 1 of the Code of Civil Procedure, has been filed against an order, dated, 11.05.2017, passed by learned 8th Additional District Judge, East Champaran at Motihari, in Title Appeal No. 84 of 2016, whereby he has restrained the appellant- Bihar State Board of Religious Trust from exercising its power of supervision, control and also constituting a Committee for the purpose of managing the affairs of the trust of Areraj Math and the temple situated at Areraj.

An application seeking injunction has also been filed, vide I.A. No. 4282 of 2017, for restraining Respondent 2 No.1 from interfering with the power of the Board in the light of the order of this Court, dated 20.04.2009, passed in M.A. No. 684 of 2008.

It has been pointed out that on the strength of the impugned order the Respondent No.1 has started interfering with the power of the Board in various manner as has been indicated in paragraph 30 of the interlocutory application.

The plea which has been taken while assailing the impugned order is that it is in the teeth of an earlier order passed by this Court in M.A. No. 752 of 2008 and M. A. No. 684 of 2008, dated 20.04.2009, in relation to same Math and the temple.

In view of the submission as above, prima facie case for grant of interim order in favour of the petitioners is made out.

List this matter, under the heading "For Orders", on 22.06.2017 before appropriate Bench.

Till that date, the effect of the impugned order, dated 11.05.2017, shall remain stayed, which will be subject to any order to be passed on I.A. No. 4282 of 2017.

(Chakradhari Sharan Singh, J.) ArunKumar/-

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Patna High Court - Orders