IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13366 of 2023

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Mahanth Subhadra Das wife and disciple of Late Mahant Ramjee Das,

presently the Shebiet of Ram Janaki Mutth, Bijaipur, resident of village -

Bijaipur, P.S. - Vijayipur, District - Gopalganj.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary-cum-legal remembrancer,

Department of Law and Justice, Bihar State Government, Old Secretariat,

Patna.

2.

The Secretary-cum-legal remembrancer, Department of Law and Justice,

Bihar State government, Old Secretariat, Patna.

3.

The District Magistrate- Gopalganj.

4.

Sub Divisional Officer - Hathua, Gopalganj.

5.

Circle Officer-Vijayipur, Gopalganj.

6.

Bihar State Board of religious trust through its President 01-Vidyapati Marg,

Patna - 800001.

7.

President -Bihar State Board of religious trust, Patna, Bihar.

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Dev Kumar Pandey, Advocate

For the Board

:

Mr. Shekhar Singh, Advocate

For the State

:

Mr. Gyan Prakash Ojha, GA-7

Mr. Ajit Kumar, AC to GA-7

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

ORAL ORDER

2

06-11-2023

Heard Mr. Dev Kumar Pandey, learned counsel

appearing on behalf of the petitioner and Mr. Shekhar Singh,

learned counsel representing the Bihar State Board of Religious

Trust.

2. The petitioner who claimed herself as a Sewait of

Shri Ram Janki Mutth, Vijayipur, Gopalganj filed the present

writ petition for setting aside the registration roll (Annexure

P/4) pertaining to the registration of Shri Ram Janki Mutth,

Patna High Court CWJC No.13366 of 2023(2) dt.06-11-2023

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Vijayipur, Gopalganj. The petitioner further prays for setting

aside the ex-parte inspection report as contained in Annexure

P/5 which was alleged to have been conducted behind the back

of the petitioner and about which the petitioner remained

ignorant till 07.07.2022. She further seeks a direction upon the

respondent Board to initiate a proceeding under Section 28(2) u

of Bihar Hindu Religious Trust Act, 1950 for deciding the

nature of the Trust after treating the legal notice sent by the

petitioner’s counsel at Gopalganj as a petition claiming the trust

in question as Private trust.

3. It is the case of the petitioner that the temple trust

in question was established by one Baidehi Pandey alias Mahant

Baidehi Jee having been initiated in the Vaishnavittee

(Worshippers of God Vishnu) cult of Hindu religion, had

installed the idols of Shree Ram Janaki jee and of Lord

Hanuman and started worshiping them as his family deities.

4. The office of Mahant of said trust was succeeded

by the persons from amongst the heirs and ultimately the

petitioner was appointed and declared as Sewait of the temple

trust on 26.11.2004.

5. It is further submitted that the petitioner has never

been acquainted with the fact that the temple trust in question

Patna High Court CWJC No.13366 of 2023(2) dt.06-11-2023

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has been registered as a public trust as defined under Section

2(1) of the Bihar Hindu Religious Trust Act vide registration no.

3850 and in fact for the firt time the petitioner came to know in

the month of May 2022, when she approached the circle officer

for the Land Possession Certificate. While assailing the order of

the Board declaring the temple in question as trust property, she

submits that the ex-parte inspection is based upon only on hear

say evidence and not based upon any legal and valid

documentary proof, that apart, the genealogy and history of the

trust in question, has not been taken note of as the trust temple is

situated inside the house of the petitioner as their family temple

for more than hundred years.

6. On the other hand Mr. Singh, learned counsel

representing the Board, at th