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Patna High Court

Mahanth Shri Govind Das @ Govind DasversusThe State of Bihar through the District Magistrate

Decided
Disposal
DISPOSED

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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