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2024 Supreme(Jhk) 910

SANJAY KUMAR DWIVEDI
Ranchi Pahari Mandir Vikas Samiti, Ranchi, represented through its Member Rajesh Gadodia, Son of Krishna Murari Gadodia – Appellant
Versus
State of Jharkhand, through Chief Secretary – Respondent


Advocates Appeared:
For the Petitioners: Mr. Abhay Kumar Mishra, Adv. Mr. Anshuman Mishra, Adv., Mr. Krishna Prajapati, Adv.
For the Respondents: Mr. Sachin Kumar, A.A.G.-II, Ms. Surbhi, Adv., Mr. Ajit Kumar, Sr. Adv., Mr. Bharat Kumar, Adv., Ms. Akriti Shree, Adv., Mr. Sumit Prakash, Adv.

JUDGMENT :

(Sanjay Kumar Dwivedi, J.)

Heard Mr. Abhay Kumar Mishra, learned counsel for the petitioners, Mr. Sachin Kumar, learned counsel appearing on behalf of the State through Video Conferencing, Mr. Ajit Kumar, learned senior counsel for the Respondent No.2 and Mr. Sumit Prakash Learned counsel for the respondent no.5.

2. At the outset a preliminary objection was made by Mr. Ajit Kumar, learned senior counsel for the respondent no.2 with regard to maintainability of the writ petition in the light of provision made under section 29 of the Jharkhand Hindu Religious Trust Act. He submits that only appeal can be maintained before the learned District Judge. This objection will be dealt with by this Court later on in the judgment.

3. The prayer in the writ petition is made for quashing the Notification No. 1204 of 2023 dated 11.09.2023 issued under the signature of the respondent no.2 whereby a validly constituted committee which is running the Pahari Mandir Temple without any rhyme or reason was substituted by invoking the section 29 of the Bihar (Jharkhand) Hindu Religious Trust Act, 1950 which was headed by the Deputy Commissioner, Ranchi. Further prayer is made for quashing the

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