Permitted the appellant to convert the Civil Miscellaneous petition into a Miscellaneous Appeal under Section 43A(4) of the Bihar Hindu Religious Trusts Act, 1950, in the absence of objection from the respondent Board.
Permission to convert the Civil Misc. petition into Misc. Appeal within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1001 of 2016
| ================ | ====================================== |
|---|---|
| Basudeo Sah | .... .... Appellant/s Versus |
| Md. Shakir & Ors ================ |
.... .... Respondent/s ====================================== |
| Appearance : | |
| For the Appellant/s | : Mr. Raj Kumar Choudhary |
| For the Board ================ |
: Mr. Ganpati Trivedi, Sr. advocate ====================================== |
| CORAM: HONOUR JHA ORAL ORDER |
ABLE MR. JUSTICE PRABHAT KUMAR |
9 26-10-2018 Heard Mr. Ashok Kumar Choudhary, the learned counsel for the petitioner, and Mr. Ganpati Trivedi, the learned senior counsel appearing for the Bihar State Board of Religious Trust.
In view of the order dated 23.09.2016 and the provision as contained in sub section 4 of Section 43 A of Bihar Hindu Religious Trusts Act, 1950, the learned counsel for the petitioner seeks permission to convert this Civil Misc. petition into Misc. Appeal.
Mr. Ganpati Trivedi, the learned senior counsel appearing for the Bihar State Board of Religious Trust did not raise any objection and submitted that sub section 4 of Section 43 A of Bihar Hindu Religious Trusts Act, 1950 says that there shall be an appeal against the order passed by a tribunal and the appropriate remedy is Misc. Appeal.
In this view of the fact, the learned counsel for the petitioner is permitted to convert this petition into Misc. Appeal under sub section 4 of Section 43 A of Bihar Hindu Religious Trusts Act, 1950 within two weeks.
BKS/-
(Prabhat Kumar Jha, J)
U
1 issue framed by the court
Whether permission to convert the Civil Misc. petition into Misc. Appeal is grantable under the Bihar Hindu Religious Trusts Act?
1 provisions across 1 enactments
Basudeo Sah
Md. Shakir & Ors
Prabhat Kumari Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
