Dismissed

Mahant Ramayan Das @ Rameshwar Upadhaya v. Sri Chandeshwari Kalijee and Ors.

Patna HC27 Oct 2016CWJC/15178/2014

Case brief

AI extract

What is this about?

This court dismissed the writ petition filed by a petitioner claiming the office of Mahanth as infructuous, basing the dismissal on the accepted fact of the sole petitioner's demise, deferring remedies to the heir. The court granted liberty to pursue remedies in lower courts.

What did the court decide?

Petition dismissed as infructuous due to death of sole petitioner, with liberty to heir to pursue remedies in competent court.

Mahant Ramayan Das @ Rameshwar Upadhaya Vs Sri Chandeshwari Kalijee and Ors. — Patna HC (2016) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.15178 of 2014

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Mahant Ramayan Das @ Rameshwar Upadhaya son of Late Sheo Mangal Upadhaya Resident of village Balihar P.S. Semari District Buxar, At present residing at Manas Mandir, Hanuman Garhi, Sasaram, Mohalla Alamganj Ward No. 12, P.O. & P.S. Sasaram District Rohtas.

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.... .... Petitioner/s Versus

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Sri Chandeshwari Kalijee

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Sri Ram Janki Jee

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Ekadash Mukh Hanusmanjee

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Panch Mukhi Hanumanjee

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Sri Shankarjeet and Bram Asthan, idols installed in the temples on village Chanauthu & village Gajrath Mohalla Company Sarai Ward No. 2, Sasaram Town P.O. and P.S. Sasaram District Rohtas through Late Kaushlendra Kumar Singh Chela

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The Chairman, Bihar State Religious Trust Board, Patna

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Ravi Kant Singh @ Surya Kumar Singh son of Late Kaushlendra Kumar Singh Chela of Sri Rangdashjee Maharaj, Sewayat, Mutwali Manager and Mahant of Sri Chandeshwari Kalijee, Sri Ram Rankijee, Ekasadh Mukh Hanumanjee and Panch Mukhi Hanumanjee etc. of village Chanauthu & Gajrath Mohalla Company Sarai presently New Ward No. 12 & 9, P.O. & P.S. Sasaram, District Rohtas resident of village Mozari P.S. Sheosagar District Rohtas A/P Mohalla Company Sarai Ward No. 9 PS. Sasaram, District Rohtas.

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.... .... Respondent/s

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=========================================================== Appearance :

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For the Petitioner/s : Mr. Raghunandan Kumar Singh, Adv For the Respondent/s : Mr. Ganpati Trivedi, Sr. Adv

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=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 27-10-2016

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Patna High Court CWJC No.15178 of 2014 dt.27-10-2016

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Heard learned counsel for the petitioner.

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It has been submitted by the learned counsel for the petitioner that according to his instruction the sole petitioner is now dead. However, the learned counsel for the petitioner has expressed his inability to inform this Court regarding date of death of the sole petitioner. It has also been accepted on behalf of the petitioner that this application has been filed by the sole petitioner in the capacity of claiming himself to be Mahanth of Manas Mandir, Hanumangarhi, Sasaram and not in his individual capacity. It has been however pointed out that the sole petitioner has also filed his own suit claiming his rights as Mahanth.

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In that view of the matter, this application which has been filed by the sole petitioner claiming himself to be the Mahanth has become infructuous after his demise and is, accordingly, dismissed as having become infructuous with a liberty to the person who claims to have inherited the Office which was claimed by the petitioner to pursue his remedies in accordance with law in the court below.

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(V. Nath, J)

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Ranjan/AFR/NAFR NAFR CAV DATE N.A. Uploading Date09.11.16 Transmission N.A. Date

Mahant Ramayan Das @ Rameshwar Upadhaya v. Sri Chandeshwari Kalijee and Ors.

Case brief

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Mahant Ramayan Das @ Rameshwar Upadhaya v. Sri Chandeshwari Kalijee and Ors.

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