Though I.A. No.2724 of 2012 has been listed today in order to substantiate the claim and also to support the prayer made in the I.A., the petitioner addressed the Court also on merit of W.P. (C) No.4171 of 2009. In view of the above, with the consent of the parties the writ petition as well as the I.A. have been heard together and are being disposed of by this order.

2. The petitioner is aggrieved by the order of the Deputy Commissioner, Dumka dated 7.8.2009, whereby the Deputy Commissioner has directed to comply with the order issued by the Jharkhand Religious Trust Board by letter No.270/04 dated 2.11.2004 and 307/04 dated 15.12.2004.

3. According to the petitioner, the said order has been challenged in Title Suit No.01/2007, now pending in the court of Additional District Judge-I, Dumka. The said order has been issued directing the Circle Officer, Dumka to implement the order passed by the Jharkhand Religious Trust Board during pendency of the said suit. Since the Title Suit is pending, the said order of learned Deputy Commissioner is wholly arbitrary and illegal. Learned Deputy Commissioner should not have passed such administrative order. The Circle Officer, Dumka, on the basis of the said order, has issued a notice to the petitioner asking him to remain present at Shree Ramchandra Thakurwari, Dumka for the purpose of handing over charge to Shri Raj Kumar Sharma – respondent No.7 vide his memo No.882 dated 31.8.2012. The petitioner has filed I.A. praying for stay of the said order.

4. Learned counsel appearing on behalf of the petitioner submitted that since the matter is subjudice in the court of Additional District Judge-I, Dumka, the order passed by the Deputy Commissioner dated 7.8.2009 as also the order issued by the Circle Officer dated 31.8.2012 are wholly arbitrary, illegal and without jurisdiction. The said orders also amount to usurping the jurisdiction of the competent civil court and are wholly illegal and are liable to be quashed by this Court.

5. The writ petition has been opposed by filing counter affidavit by the State-respondent. It has been stated, inter alia, that there was dispute regarding the Sewaitship of Shree Ramchandra Thakurwari, Dumka between the petitioner and respondent no.7. The matter was contested before the Jharkhand State Religious Trust Board. The Religious Trust Board by its letter no.270/04 dated 2.11.2004 addressed to the Chairman-cum-Sub divisional Officer, Dumka constituted a temporary Trust Committee and directed the petitioner and the respondent no.7, who are cousins, to perform the rituals of the said Thakurwari month by month, on alternate term.

6. The petitioner has filed Title Suit No.01/2007 in the court of District Judge, Dumka which is now pending in the court of 1st Additional District Judge, Dumka. The petitioner has not produced any stay order of the said court.

7. In the meanwhile, the respondent no.7 complained to the Deputy Commissioner alleging lapse on the part of the Sub-Divisional Officer and others in implementing the order of Jharkhand State Religious Trust Board.

8. On the said complain and on the basis of the order of the religious Trust Board, the Deputy Commissioner has directed the Sub-Divisional Officer, Dumka as well as the concerned Circle Officer to implement the order of the State Religious Trust Board, if there is no order of stay by any competent court. By the impugned order the Deputy Commissioner has not decided any claim of the party. The impugned order only intends to implement the order of the State Religious Trust Board. There is no illegality or arbitrariness in the said order. The petitioner, in stead of filing appropriate petition in the pending Title Suit hastened to file this writ petition. Since the Title Suit is pending for the same subject matter between the same parties, parallel proceeding by way of a writ petition is not maintainable and the petition is liable to be dismissed.

9. I.A. No.2724 of 2012 has been filed by the petiti