The Patna High Court dismissed the petitioner's writ application seeking to set aside a lower court order. The Court directed the subordinate court to expedite the pending title suit concerning the trust's status.
Application disposed of without granting relief; Court directed lower court to expedite pending title suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18659 of 2010
=========================================================== 1. Ravi Shankar Mishra Mallick S/O Kailash Mallich R/O Mohalla - Naya Baraz Chauk Quilla, Post Office / Police Station - Bettiah Town, Dist. West Champaran. .... .... Petitioner/s Versus 1. The Bihar State Hindu Religious Trust Board Through The Chairman R/O Patna 2. Administrator, Bihar State Hindu Religious Trust Board R/O Patna 3. Executive Assistant Super indent, Bihar State Hindu Religious Trust Board R/O Patna 4. Sub - Divisional Officer ( Civil ) R/O Sadar, Bettiah, Post Office / Police Station Bettiah, Distt. West Champaran 5. Gauri Shankar Parit R/O Vill. Kargahia West, Post Office / Police Station - Bettiah, Distt. West Champaran 6. Bhuneshwar Sharma R/O Haribatika Chauk, Post Office / Police Station - Bettiah, Distt. West Champaran 7. Prbhat Kumar Sharma R/O Haribatika Chauk, Post Office / Police Station Bettiah, Distt. West Champaran 8. Smt. Gangia Devi R/O Kargahia West, Post Office / Police Station - Bettiah, Distt. West Champaran 9. Munna Yadav R/O Vill. .Kargahia West post Office / Police Station - Bettaih, Distt. - West Champaran 10. .Mahanth Yadav R/O Vill. .Kargahia West, Police / Police Station - Bettaih, Distt. West Champaran 11. Laljee Yadav R/O Vill. Mansa Raut Tola Bari, Post Office / Police Station - Bettaih, Distt. West Champaran. .... .... Respondent/s =========================================================== Appearance : For the Petitioner/s : Mr. SHIV KUMAR DWIVEDI For the Respondent/s : Mr. Ganpati Trivedi, Sr. Advocate
Mr. Kaushal Kumar Jha, AAG-14
=========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 03-08-2015
Heard Mr. Dwivedi for the petitioner, Mr. Tripathi for
the Bihar Religious Trust Board and the Counsel for the State.
The plaintiff of Title Suit No. 181 of 1995, pending in the Court of learned Munsif, Bettiah, has filed the present writ application for setting aside the order dated 13.5.2010 passed by
Patna High Court CWJC No.18659 of 2010 dt.03-08-2015
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learned Munsif on a petition filed under Section 151 of the Code of Civil Procedure (for short ‘ the Code’) wherein the prayer was made to direct the respondent Board to stay further consideration of the status of the body i.e. whether it is public trust or private trust.
Mr. Trivedi states that in view of the order which this Court earlier passed, the Board is not proceeding with the consideration of the matter. He has, however, submitted that interest of justice shall be sub-served if the issue is decided by the Court of competent jurisdiction expeditiously. Counsel for the petitioner has also agreed to the said submission of Mr. Trivedi. He has pointed out that in the suit almost all the witnesses on behalf of the plaintiff have already been examined.
Without granting any relief to the petitioner, this Court disposes of the application by directing the Court in seisin of the Title Suit No. 181 of 1995 to take all needful steps for quick disposal of the pending Title Suit No. 181 of 1995. Be it noted that both the parties have undertaken before this Court to extend fullest cooperation to the Court in early disposal of the matter which is pending consideration since 1995.
Application is disposed of.
(Kishore Kumar Mandal, J)
Pankaj/U
1 issue framed by the court
Whether the High Court should set aside the order of the Munsif in the suit regarding the status of the trust as public or private.
1 provisions across 1 enactments
Ravi Shankar Mishra Mallick
The Bihar State Hindu Religious Trust Board
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
