Patna High Court
Amvika PrasadversusChairman, Bihar State Religious Trust Board
- Decided
- Disposal
- DISMISSED
- Bench
- ANIL KUMAR SINHA
Holding
The writ application is dismissed as an abuse of process and devoid of merit.
Summary
The petitioner, Amvika Prasad, filed a writ petition seeking a direction to the Chairman of the Bihar State Religious Trust Board (BSRTB) to act against two trustees of the Shri Satyanarayan Bhagwan Temple for alleged unauthorized and misleading acts. The petitioner had earlier filed a public interest litigation (CWJC No.14444 of 2022) which was disposed with a liberty to approach the BSRTB through a representation, a step he failed to take. The court noted that the petitioner had not filed any such representation and had repeatedly approached the court with the same grievance, including a withdrawn petition (CWJC No.8861 of 2025). The division bench had already directed the petitioner to seek redress from the BSRTB, which he ignored. The court held that the petitioner was abusing the judicial process by filing successive writ petitions on identical facts without exhausting the statutory remedy. Consequently, the writ application was dismissed as being devoid of merit.
Issues considered
- Whether the petitioner is required to first file a representation before the Bihar State Religious Trust Board as directed by the earlier division bench order.
- Whether the present writ petition is maintainable given the petitioner’s repeated filings on the same grievance.
- Whether the alleged unauthorized acts of the trustees warrant a writ of mandamus or any other relief.
Subjects
- writ jurisdiction
- public interest litigation
- abuse of process
- religious trust
- representation requirement
- status quo order
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12688 of 2025
======================================================
Amvika Prasad S/o Late Ramagya Prasad, Citizen of India, R/o Ward No. 14,
Marvari Mohalla, P.O- Narkatiyaganj, P.S.- Shikarpur, District- West
Champaran.
... ... Petitioner/s
Versus
1. Chairman, Bihar State Religious Trust Board, Vidya Pati Marg, Patna.
2. Radha Bihari Ojha, the then Circle Officer, Narkatiyaganj through the
Secretary Revenue Ministry Government of Bihar, Patna.
3. Pt. Satya Narayan Shukla Son of Late Suryabali Shukla, Self Styled priest
cum Manager Shri Satya Narayan, Bhagwan ka temple, Mukhiya Jee
Chowk, Ward No. 15 Narkatiyaganj, West Champaran.
4. The then Sub Divisional Officer, Bettiah, West Champaran.
5. Vishwanath Jhunjhunwala S/o Late Ishwari Prasad Jhunjhunwala, R/o Near
Power House, Lal Bazar, Bettiah, West Champaran.
6. District Magistrate Collector, West Champaran, Bettiah.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amvika Prasad (In Person)
For the Respondent/s : Mr. Saket Tiwary
Mr. Animesh Gupta
For the BSRTB : Mr. Ganpati Trivedi, Sr. Adv.
Mr. Saurabh Suman
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
9 31-01-2026 1. Heard the petitioner, in person, and learned Counsel for
the respondents.
2. The petitioner has filed the present writ application for a
direction to the respondent no. 1-the Chairman, Bihar
Stater Religious Trust Board, to take proper action against
the respondent nos. 3 and 5, for their unauthorized and
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misleading acts in violation of the status quo order passed
by the respondent no. 1 and also for negligence of their
duties.
3. The petitioner had earlier filed CWJC No. 14444 of 2022,
in the nature of Public Interest Litigation, with a prayer to
direct the respondent no. 1 to take control of Shri
Satyanarayan Bhagwan Temple and to renovate the
temple after forming a committee of competent officers
inasmuch as the respondent no. 3 is misusing the funds
and also shifting the temple to one-fourth of the total area
and using the rest three-fourth area for commercial
purposes.
4. The Division Bench of this Court, in CWJC No. 14444 of
2025, disposed the writ petition with liberty to the
petitioner to approach the respondent no. 1 by filing a
representation for redressal of his grievance and the
authorities were directed to consider and dispose the
representation of the petitioner by a reasoned and
speaking order, preferably within a period of four months
from the date of filing of the representation.
5. Learned Counsel for the respondents submits that the
petitioner is a tenant in the premises of Shri Satyanarayan
Patna High Court CWJC No.12688 of 2025(9) dt.31-01-2026
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Bhagwan Temple, Narkatiaganj, and respondent nos. 3
and 5 are the trustees of the said temple. The petitioner
neither submits before this Court that he has filed any
representation before the respondent no. 1 pursuant to the
order passed by the Division bench of this Court in CWJC
NO. 14444 of 2022 nor there is any document available
on record, which could go to show that such
representation has been filed by him.
6. Instead of filing representation before the respondent no.
1, the petitioner has again approached this Court by filing
CWJC No. 8861 of 2025. A co-ordinate Bench of this
Court, on the prayer made by the petitioner to withdraw
the same to avail appropriate remedy, vide order, dated
07.07.2025, dismissed the writ application as withdrawn.
7. Again, the petitioner without approaching the Bihar State
Religious Trust Board for redressal of his grievances,
filed the present writ application, alleging same set of
allegation.
8. Considering the aforesaid, this Court comes to the
conclusion that the petitioner is abusing the process of
Court by repeatedly filing writ petition one after another
for the same set of allegation.
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9. This writ application, being devoid of any merit, is
dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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