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Patna High Court

Bholanath MishraversusBihar Religious Trust Board

Decided
Disposal
DISPOSED

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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