Patna High Court
Mahanth Shri Govind Das @ Govind DasversusThe State of Bihar through the District Magistrate
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The court held that the land is raiyati land of a temple trust and the correct remedy is under the Bihar Hindu Religious Trusts Act, 1950, not the Public Land Encroachment Act.
Summary
The petitioner, Govind Das, filed a writ petition challenging the alleged encroachment of land claimed to be raiyati land belonging to a temple trust. The respondents, including the State of Bihar and officials of the Bihar State Religious Trust Board, argued that the land fell under the Bihar Public Land Encroachment Act, 1956. Senior counsel for the Bihar State Religious Trust Board contended that the land is a religious trust property and therefore the appropriate remedy lies under the Bihar Hindu Religious Trusts Act, 1950. The court accepted this submission, granting the petitioner liberty to file an application under Section 43D of the Bihar Hindu Religious Trusts Act before the competent authority. Consequently, the writ petition was disposed.
Issues considered
- Whether the land in dispute is governed by the Bihar Public Land Encroachment Act, 1956 or the Bihar Hindu Religious Trusts Act, 1950.
- What is the appropriate statutory remedy for alleged encroachment of raiyati land belonging to a temple trust?
Legislation cited
Subjects
- rai yati land
- temple trust
- public land encroachment
- religious trust act
- Section 43D
- statutory remedy
- writ petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.42 of 2024
In
Civil Writ Jurisdiction Case No.21359 of 2021
======================================================
Mahanth Shri Govind Das @ Govind Das Chela of Late Mahanth Radha
Charan Das, resident of village- Chanaura Goth, P.O. - Chanauraganj, P.S. -
Jhanjharpur, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate Madhubani namely Shri
Arvind Kumar Verma.
2. The Collector, Madhubani namely Shri Arvind Kumar Verma.
3. The Chairman, The Bihar State Religious Trust Board, Vidyapati Marg,
Patna namely Sri Akhilesh Kumar Jain.
4. The Bihar State Religious Trust Board, Vidyapati Marg, Patna through the
Administrator namely Sri Akhilesh Kumar Jain.
5. The Administrator, Bihar State Religious Trust Board, Vidyapati Marg,
Patna namely Akhilesh Kumar Jain.
6. The Deputy Collector, Land Reforms, Jhanjharpur, District- Madhubani
namely Sudhir Kumar Sinha.
7. The Additional Collector, Madhubani namely Naresh Jha.
8. The Sub Divisional Officer, Jhanjharpur, District - Madhubani namely Sri
Shailesh Kumar Chaudhary.
9. The Circle Officer, Jhanjharpur District-Madhubani namely Sri Sumit
Kumar Singh.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat, Advocate
For the Opposite Party/s : Standing Counsel- 25
For the B.S.R.T.B. : Mr. Ganpati Trivedi, Sr. Advocate
Mr. Saurabh Suman, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
7 25-02-2026 The Ld. Senior Counsel appearing for the Bihar State
Board of Religious Trust, Patna submits that the land in question
is a raiyati land belonging to temple trust, hence the appropriate
remedy is not under the Bihar Public Land Encroachment Act,
Patna High Court MJC No.42 of 2024(7) dt.25-02-2026
2/2
1956 but under the Bihar Hindu Religious Trusts Act, 1950 and
the proper remedy for the petitioner is to file appropriate
application under Section 43D of the Bihar Hindu Religious
Trusts Act, 1950.
2. In view of the aforesaid, the Ld. Counsel for the petitioner
seeks liberty on behalf of the petitioner to file appropriate
application under Section 43D of the Bihar Hindu Religious
Trusts Act, 1950 before the appropriate authority. Liberty, so
sought, is granted.
3. The petition stands disposed off.
(Mohit Kumar Shah, J)
S.Sb/-
U
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