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2005 Supreme(Pat) 124

MRIDULA MISHRA
Mahanth Shambhu Giri @ Mahanth Kripa Shankar Giri – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. The dispute in the present writ application relates to substitution of petitioner/ respondent no. 7 in the ceiling proceeding. Mahanth Shambhu Giri @ Mahanth Kripa Snankar Giri (petitioner), and Binod Thakur @ Binod Giri (respondent no. 7), both are claiming to be Mahanth of Marukia Math and in that capacity they are claiming their substitution as land-holders in Land Ceiling case no. 15 of 1973-74/12 of 1995-96. Prayer of the petitioner Mahanth Shambhu Giri @ Mahanth Kripa Shankar Giri is for quashing the order dated 20.3.2004 passed by the Member Board of Revenue in Revision Case no. 67 of 2003 (Annexure-1) whereby prayer of respondent no. 7 for substitution has been allowed.

2. Marukia Math was established on donation of lands from Darbhanga Maharaj to Aya Guru Swami Shankracharya. The Principal/parent math is located at Bodh Gaya called Sanyasi Math and the line of descendent is on the basis of Chelaship. Mohanth Somar Giri became the Mahanth of Marukia Math after the death of Mahanth Radhey Giri. He continued up to 1910 and his name was recorded in khatiyan with respect to properties of the Math. Shankar Giri and Rajeshwar Giri were his chelas. After the death of So





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