Patna High Court
Bholanath MishraversusBihar Religious Trust Board
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that the Board’s failure to ensure the District Magistrate’s compliance with the earlier direction constituted contempt, and ordered the Magistrate to act within two months.
Summary
The petitioner, Bholanath Mishra, filed a contempt application alleging that the Bihar Religious Trust Board and its President deliberately disobeyed a direction issued by this Court in CWJC No. 15689 of 2023 dated 23 July 2024. The petitioner contended that the Board’s stop‑gap Committee, appointed under a letter dated 8 January 2025, was meant to be temporary until a full‑fledged President could be appointed in accordance with the High Court’s order in Santosh Kumar Jha v. State of Bihar (CWJC No. 17322 of 2022). After the President assumed office, letters were sent to the District Magistrate, Sitamarhi, requesting the recommended names be finalized as per the earlier order, but the Magistrate failed to act. The Court directed the District Magistrate to issue the recommendations within two months, emphasizing the lapse since the 23 March 2024 order. The petition was granted liberty to re‑agitate the matter if necessary, and the contempt application (MJC No. 1325 of 2025) was disposed of.
Issues considered
- Whether the Bihar Religious Trust Board and its President committed contempt by failing to comply with the Court’s direction in CWJC No. 15689 of 2023.
- Whether the District Magistrate, Sitamarhi, is obligated to act on the Board’s recommendation within a specified timeframe.
Subjects
- contempt of court
- direction compliance
- district magistrate
- religious trust board
- stop‑gap arrangement
- appointment of president
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1325 of 2025
In
Civil Writ Jurisdiction Case No.15689 of 2023
======================================================
Bholanath Mishra Son of Brhmdev Mishra, at present residing at ward no. 17,
village Dariapur, P.O. - Fatwa, P.S - Fatwa District- Patna, Permanent
Resident of Village and Post - Sasaula Sabha, PS- Suppi, District- Sitamarhi.
... ... Petitioner/s
Versus
1. Bihar Religious Trust Board Patna through its Administrator namely Sri
Anjani Kumar Singh.
2. Shri Akhilesh Kumar Jain, Son of not known, President, Bihar Religious
Trust Board, Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Kumar Jha, Adv.
Ms. Anita Kumari Sharma, Adv.
Mr. Vishwa Shri Rajendra, Adv.
Ms. Shaambhavi Sinha, Adv.
For the Board : Mr. Ganpati Trivedi, Sr. Adv.
Mr. Saurabh Suman, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 13-02-2026 Heard the parties.
2. The present application has been preferred:
for initiating a proceeding of
contempt against the named opposite parties
for deliberately violating the direction/ order
given by this Hon'ble Court in CWJC no.
15689 of 2023 passed by the Court on
23.07.2024.
3. Mr. Ganpati Trivedi, learned Senior Counsel for
the petitioner submits that though the Administrator who came
into existence as a stop-gap arrangement, constituted a
Patna High Court MJC No.1325 of 2025(4) dt.13-02-2026
2/3
Committee vide letter no. 2752 dated 08.01.2025 (Annexure- B
to the show cause), the same though records for a period of five
years, it be considered as a stop-gap arrangement as ‘the Board’
has incorporated/a Gazette notification has been issued that the
constitution of the Committee has to be made in line with the
order passed by the Patna High Court in CWJC No. 17322 of
2022 (Santosh Kumar Jha vs. State of Bihar).
4. The submission is that when a full fledged
President joined the post, thereafter series of letters have been
sent to the District Magistrate, Sitamarhi to recommend the
names in line with the order passed in Santosh Kumar Jha
(supra) case.
5. The ball is now in the court of the District
Magistrate, Sitamarhi and it is unfortunate that he has not taken
care to act in line with the request made by the President as
would reflect from the different communication made by him.
6. The District Magistrate, Sitamarhi is directed to
look into the matter and act immediately and ensure that in next
two months, the names are recommended in line with the order
passed in Santosh Kumar Jha (supra) case. He must take into
account that the order was passed on 23.03.2024 and we are
sitting in the year 2026.
Patna High Court MJC No.1325 of 2025(4) dt.13-02-2026
3/3
7. Granting liberty to the petitioner to agitate the
matter afresh if situation so warrant, MJC No. 1325 of 2025 is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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