Kumar Neeraj @ Kumar Niraj Vs The Principal Secretary, Department of Home Affairs — Patna HC (2024) — LawSathi Research

Kumar Neeraj @ Kumar Niraj Vs The Principal Secretary, Department of Home Affairs — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

No direct relief granted; the writ petition was disposed of with the observation that the President of the Bihar State Board of Religious Trusts would pass a fresh order in accordance with the resolution entered into between the Secretary and the Treasurer.

Issue for consideration

Whether, following the compromise between the petitioner (Treasurer) and the Secretary of the Trust and their joint application recording resolution of disputes, the President of the Bihar State Board of Religious Trusts would pass a fresh order in accordance with that resolution.

Court's answer

It is expected that the President of the Board would pass a fresh order as early as possible in accordance with the resolution entered into between the Secretary and the Treasurer (petitioner).

Detailed headnote1 paragraphs

Writ petition (Civil Writ Jurisdiction Case No.2800 of 2024, Patna High Court) by Kumar Neeraj @ Kumar Niraj, Treasurer of the Trust, Shri Sai Shiv Kripa Mandir, Kankarbagh, Patna, arising from an order of the President of the Bihar State Religious Trust Board granting stay and stopping the Secretary (Captain Surendra Prasad) and the Treasurer (petitioner) from functioning till further orders, following complaints of internal disputes in the Trust Committee, with a temporary committee installed (Rajesh Kumar @ Bablu assigned the work of Secretary; Rajendra Kumar assigned the work of Treasurer) as an alternative mechanism. After the petitioner and the Secretary compromised their disputes, filed a joint petition before the Board stating their disputes were resolved and assured withdrawal of cases filed in different courts, the joint application was kept on record by the President of the Board. Nawneet Kumar Pandey, J disposed of the writ petition observing that it is expected that the President of the Board would pass afresh order as early as possible in accordance with the resolution entered into between the Secretary and the Treasurer. Decision dated 03-12-2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2800 of 2024

======================================================

Kumar Neeraj @ Kumar Niraj son of Shri Nawal Kishore Prasad Sinha, resident of National Insurance Colony, Mahatma Gandhi Nagar, Kankarbagh, P.O. Bahadurpur Housing Colony, P.S. Agamkuan, Diswtrict Patna-800026, Bihar.

... ... Petitioner/s

Versus

The Principal Secretary, Department of Home Affairs Govt. of Bihar.

Akhilesh Kumar Jain, Chairman, Bihar State Board of Religious Trusts, Vidyapati Marg, Patna-800001.

Bihar State Board of Religious Trusts, through its Chairman, Vidyapati Marg, Patna-800001.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Singh For the State : Mr. Nadim Seraj, GP-5 Ms. Shalini, AC to GP-5 ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

7 03-12-2024 Heard learned counsel for the petitioner as well as the learned counsel for the Bihar State Religious Trust Board.

The petitioner is the Treasurer of the Trust, Shri Sai Shiv Kripa Mandir, Kankarbagh, Patna and Captain Surendra Prasad is Secretary of the Trust.

The Bihar State Religious Trust Board received some complaints, in which, there was allegation that there were some internal disputes between the members of the Trust Committee, due to which, the smooth functioning of the Trust was hampered.

The President, Bihar State Religious Trust Board granted stay and stopped the Secretary and the Treasurer (petitioner) from functioning till further orders. In place thereof,

Patna High Court CWJC No.2800 of 2024(7) dt.03-12-2024 2/2

a temporary committee was constituted and as a make shift arrangement one, Rajesh Kumar @ Bablu was assigned the work of Secretary whereas one, Rajendra Kumar was assigned the work of Treasurer of the trust committee as an alternative mechanism.

Later on, the petitioner and the secretary compromised their disputes and they filed a joint petition before the Board stating that they have resolved their disputes and no dispute remains against each other. Both of them also assured the Board that they would withdraw the cases filed in different courts.

A joint application of the petitioner and the secretary was kept on the record by the President of the Board as the matter has been resolved between the petitioner and the secretary of the Trust.

It is expected that the President of the Board would pass afresh order as early as possible in accordance with the resolution entered into the secretary and the Treasurer.

With these observation, this writ petition is disposed of.

(Nawneet Kumar Pandey, J)

Guddu/- U