Patna High Court
Madan GopalversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- PARTHA SARTHY
Holding
The writ application is withdrawn, with liberty granted to the petitioner to file an appeal under section 55 of the Bihar Hindu Religious Trusts Act.
Summary
Madan Gopal filed a writ petition in the Patna High Court seeking to quash three orders: the dismissal of his case under section‑32(3) of the Bihar Hindu Religious Trusts Act by the Sessions Judge, a 2004 notification that declared his private Ram Janki Mandir a public mandir without hearing, and a 2023 order of the Board’s committee that likewise declared the temple public and refused to consider his objections. He prayed for the orders to be set aside and for the temple to be declared private. The State of Bihar and the Bihar State Board of Religious Trusts contended that the Sessions Judge’s order could only be challenged by an appeal under section 55 of the same Act, not by a writ. The Court examined the procedural argument and, without addressing the merits, permitted the petitioner to withdraw the writ application and granted him liberty to file the appropriate appeal. Consequently, the petition was disposed of as withdrawn.
Issues considered
- Whether the order of the Sessions Judge dismissing the petition under section‑32(3) of the Bihar Hindu Religious Trusts Act can be challenged by a writ or must be appealed under section 55 of the Act.
- Whether the declaration of a private temple as a public mandir without hearing violates the procedural requirements under the Bihar Hindu Religious Trusts Act.
Subjects
- religious trust
- private temple
- public mandir
- writ petition
- quashing order
- section 55
- Bihar Hindu Religious Trusts Act
- withdrawal of application
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4847 of 2026
======================================================
Madan Gopal Son of Late Janme Jai Mahto, Resident of Village- Singhiya
Bujurg (North), Anchal and P.S.- Bibhutipur, District-Samastipur, at present
residing at B-2/6 Rajdhani Apartment, Road no. 1, Mahesh Nagar, P.S.-S.K.
Puri, District-Patna-800020.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Commissioner, Darbhanga Division, Darbhanga.
3. The Collector, Samastipur, District- Samastipur.
4. The Sub-divisional Officer, Rosera, District- Samastipur.
5. The President, Bihar State Religious Trust Board, Vidyapati Marg, Patna.
6. Om Prakash Mahto, Son of Late Mahendra Mahto, alleged Secretary of Ram
Janki Mandir, Singhiya Bujurg (North), P.S. and Anchal- Bihutipur, District-
Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner : Mr. Md. Anisur Rahman, Advocate
For the State : Mr. Sanjay Kumar, AC to GP-23
For the B.S.B.R.T. : Mr. Shekhar Singh, Sr. Advocate
Mr. Sumit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
Senior Counsel for the Bihar State Board of Religious Trusts
(‘BSBRT’ in short).
2. The petitioner has filed the instant application for
the following reliefs :-
“A. For issuance of appropriate writ/
order or direction for quashing the order dated
01.08.2025 passed in Misc. Case no. 65/2024 by
Sessions Judge, Samastipur by which the case
Patna High Court CWJC No.4847 of 2026(2) dt.07-04-2026
2/3
filed under section-32, Clause (3) of Bihar
Hindu Religious Trust Act filed by the petitioner
has been dismissed on the ground of delay as
contained in Annexure-P/9 to this writ
application.
B. For issuance of appropriate writ/
order of direction for quashing the notification
issued under Memo 2978 to 2988 dated
29.11.2004 issued by the respondent no. 5 the
Chairman, Bihar Religious Trust Board by which
the Private Ram Janki Mandir of the petitioner
situated in village Singhiya Bujurg P.S.
Bibhutipur District-Samastipur has been
declared as public mandir without hearing to the
petitioner as contained in Annexure-P/2 to this
petition.
C. For an issuance of writ of
certiorari or any other appropriate writ or writs
for quashing the order dated 25.02.2023 passed
by the respondent no. 5, as contained in
Annexure-P/4 to this writ petition, whereby and
whereunder the Private Ram Janki Mandir has
been declared as public Mandir by the
Committee constituted by the Bihart State
Religious Trust Board, respondent no. 5 and
refused to entertain the objection of the
petitioner without going through the documents
filed by the petitioner and directed advised to
redress grievances in the proper and competent
court.
D. For issuance of appropriate order
or direction declaring the said Mandir of the
Patna High Court CWJC No.4847 of 2026(2) dt.07-04-2026
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petitioner as his private Mandir.
E. For any other relief or reliefs for
which petitioner is found entitled in the opinion
of this Hon’ble court.”
3. At the outset, it is submitted by learned Senior
Counsel appearing for the BSBRT that the order impugned
passed by the learned Session Judge, Samastipur would need to
be challenged by filing an appropriate appeal under section 55
of the Bihar Hindu Religious Trusts Act, 1950.
4. In view of the above, learned counsel for the
petitioner seeks permission to withdraw the instant application
with liberty to file the appeal.
5. The application stands disposed of as withdrawn
with the aforesaid liberty.
(Partha Sarthy, J)
avinash/-
U
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