Created by Fuzzy Cloud

Patna High Court

Amvika PrasadversusChairman, Bihar State Religious Trust Board

Decided
Disposal
DISMISSED

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had not filed any such representation and had repeatedly approached the court with the same grievance, including a withdrawn petition (CWJC No.8861 of 2025).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
Patna High Court CWJC No.12688 of 2025(9) dt.31-01-2026
                                           2/4




                   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
                                           3/4




                   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.
            Patna High Court CWJC No.12688 of 2025(9) dt.31-01-2026
                                                       4/4




                          9. This writ application, being devoid of any merit, is

                              dismissed.



                                                                      (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.