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Deveshkant Singh vs The State Of Bihar on 4 February, 2020

(iii) (v) (vi), the petitioner was removed as the trustee and the Sub Divisional Officer, Maharajganj was appointed as temporary trustee under Section 33 of the Act. It was submitted that thereafter, the Board under Letter No. 3292 dated 25.03.2017 has constituted a scheme and a fresh Trust Committee has also been appointed, in which the Sub Divisional Officer, Maharajganj is the ex-officio Chairman and there are 10 other members, for a period of five years. Learned counsel submitted that for the relief claimed in the present writ application, the Act itself provides a remedy of Patna High Court CWJC No.15159 of 2019 dt.04-02-2020 5/10 moving before the District Judge of the concerned district under Section 28(3) of the Act with regard to removal of the trustee and under Section 32(3) with regard to constitution of the Committee. It was further submitted that as far as the property being a public property, the remedy is only to approach the competent Civil Court. For such proposition, learned counsel relied upon a decision of a Division Bench in Bihar State Board of Religious Trust v. Sri Raja Prasad Agrawal reported as 2009(2) PLJR 906, for the proposition that any person aggrieved by any decision of the Board as to whether it is a public or a private trust is subject to final decision by the competent Court and the aggrieved person has to approach the competent Civil Court for annulling such order of the Board.
Patna High Court Cites 10 - Cited by 0 - A Amanullah - Full Document

Suman Kumar Verma @ Monu Verma vs The Bihar Religious Trust Board And Ors on 22 April, 2019

Learned senior counsel further relies upon the another Division Bench judgment of this court in the case of Bihar State Board of Religious Trust Vs. Sri Raja Ram Agrawal reported in 2009 (2) PLJR 906; to submit that in terms of Clause (u) of sub- section (2) of Section 28 of the Bihar Hindu Religious Trust Act, Patna High Court CWJC No.12737 of 2015(2) dt.22-04-2019 3/4 1950, it is the Religious Trust Board who will be competent to decide all questions including as to whether any trust is a Public Trust or Private Trust. It is, thus, submitted that the writ application is not fit to be entertained.
Patna High Court - Orders Cites 3 - Cited by 0 - R R Prasad - Full Document

Shri Mahabir Jee Deity vs The State Of Bihar & Ors on 20 September, 2017

5. Submission is that because this order has attained finality having remained unchallenged by the said Biral Hazam it has concluded the relationship and there cannot any finding contrary to this by the revisional authority as well as appellate authority has been done in the present case while exercising their power under the Act, 1956. According to learned counsel, the order as contained in Annexure-5 is appealable order but there being no appeal against the same the order shall be binding upon all concerned. Reliance in this regard has been placed upon a judgment of the Division Bench of this Patna High Court LPA No.1630 of 2016 dt.20-09-2017 4 Court in the case of Bihar State Board of Religious Trust Vs. Sri Raja Prasad Agrawal & Anr. reported in 2009(2) PLJR 906 and in the case of Mishri Lal Mahto Vs. The State of Bihar & Ors. reported in 2002(1) PLJR 195. It is submission of the learned counsel for the appellant that the property is a public trust property or not it could have been decided only by a duly constituted Tribunal under the Bihar State Religious Trust Board Act, therefore, the impugned order passed by the appellate authority and the revisional authority are fit to be set aside.
Patna High Court Cites 7 - Cited by 0 - R R Prasad - Full Document

Nikhil Verma @ Nikhil Kumar Verma vs The State Of Bihar on 25 January, 2024

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.
Patna High Court - Orders Cites 1 - Cited by 0 - P Singh - Full Document

Anand Kumar Tiwari vs The State Of Bihar on 25 January, 2024

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.
Patna High Court - Orders Cites 1 - Cited by 0 - P Singh - Full Document
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