Disposed

Ashok Mandal v. The State Of Bihar and Ors.

Patna HC23 Aug 2017CWJC/1924/2014

Case brief

AI extract

What is this about?

The Petitioner challenged a notice for selecting a new Trust Committee. The Court dismissed the challenge, allowing the Board to proceed with the constitution while conditioning it on giving the Petitioner an opportunity to object within a month, if a committee was already functioning.

What did the court decide?

Writ petition disposed off with liberty to the Board to proceed with constitution of the Committee within two months and liberty to the Petitioner to object within one month if an existing committee i

Ashok Mandal Vs The State Of Bihar and Ors. — Writ and Judicial Review | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.1924 of 2014

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Ashok Mandal S/O Late Shital Mandal R/O Village - Sarounikala, Via Bihariganj, P.S. Bihariganj, District - Madhepura, At Present Chairman Of Kali Trust Committee Sarouni Kala, District - Madhepura

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.... .... Petitioner/s

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Versus

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The State of Bihar through Chairman of Bihar State Board of Religious Trust, Vidyapati Marg, Patna

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The Chairman of Bihar State Board of Religious Trust, Vidyapati Marg, Patna

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The Administrator cum Special Executive Officer, Bihar State Religious Trust, Vidyapati Marg, Patna

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The Superintendent Of Bihar State Board of Religious Trust, Vidyapati Marg, Patna

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The District Magistrate- cum - Collector, District - Madhepura

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Shri Surendra Mishra S/O Late Balbhadra Mishra R/O Village - Sarounikala, Via Bihariganj, P.S. Bihariganj, District - Madhepura

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Sri Shaleshwar Mandal Father Name not Known Kali Mandir of Sarouni R/O Village - Sarounikala, Via Bihariganj, P.S. Bihariganj, District - Madhepura

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.... .... Respondent/s

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

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For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the BSBRT : Mr. Shekhar Singh, Advocate For the State : Mr. Harish Kumar, GP-32

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=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

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Date: 23-08-2017

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Heard learned counsel for the petitioner, the State and Bihar State Board of Religious Trusts (hereinafter referred to as the ‘Board’).

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The petitioner has moved the Court for quashing of the order of the Board contained in Memo No. 1766 dated 27.12.2013, by which 15 persons have been asked to attend the General Body meeting of the villagers for selection of an 11 Member Committee for

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Patna High Court CWJC No.1924 of 2014 dt.23-08-2017

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Kali Trust Committee, Sarouni Kala in the district of Madhepura.

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The Court has been unable to understand the purpose of the petitioner challenging the said notice which was simply informing that there would be a General Body meeting held on 22.01.2014.

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Learned counsel for the petitioner submitted that there is already a Committee functioning and thus there could not have been any fresh constitution.

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Learned counsel for the Board submitted that though the Trust Committee is under the supervision of the Board, the so-called Committee of which the petitioner claims to be the Chairman, was a self constituted Committee and now for the purposes of constituting a valid, legal and proper Committee having persons of repute as members, the process is being initiated and the sole purpose of the writ petitioner is somehow to create hurdle in the same.

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Learned counsel for the petitioner submitted that they have already constituted a Committee and the same has been communicated to the Board under letter dated 21.02.2013.

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Be that as it may, the writ petition stands disposed off with liberty to the Board to proceed with constitution of the Committee, in accordance with law, if already not constituted, within two months from today. The petitioner shall be at liberty to present his side of the story before the Board to show that the Committee has

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Patna High Court CWJC No.1924 of 2014 dt.23-08-2017

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already stood constituted and he is the Chairman. If such objection is filed by the petitioner within one month from today, the same shall be considered before a final decision is taken by the Board in the matter.

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It goes without saying that if the petitioner has moved the Board with regard to any grievance relating to any person who may have misappropriated, defalcated or mismanaged the corpus of the Trust in question, the Board would be obliged to take appropriate and suitable action, in accordance with law, to safeguard the interest of the Trust.

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(Ahsanuddin Amanullah, J)

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S.Sb/-

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AFR/NAFR U

Ashok Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Mandal v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

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