SURENDRA PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for a direction to the respondents for quashing the notice dtd. 15/3/2015 issued under the signature of respondent no.5 directing the petitioner to furnish the details about the moveable and immoveable assets within a period of five days of Vaneshwari Bhagwati Asthan, which, according to the petitioner, was constructed by his ancestors on private land and for cancelling the registration of Sri Sri 108 Vaneshwari Bhagwati Asthan situated at village- Bhandariso, Makranda issued under letter no. 1665 dtd. 2/3/2015.

(2.) By filing an interlocutory application the petitioner has also prayed to restrain the Sub-Divisional Officer, Sadar, Darbhanga and Block Development Officer, Manigachhi, Darbhanga to interfere with the affairs of the said Bhagwati Asthan where he is working as pujari.

(3.) The case of the petitioner is that his name was not entered as Shewait of Bhagwati Asthan which is situated at Khesra no. 6732. Thus, he filed Misc. Case No. 507 of 1992 under Sec. 106 of the B.T. Act for correction of name before the Land Bandobast Officer, Darbhanga, who passed an order in his favour, but the respondent nos. 5 and 6 on the basis of forged and fabricated documents created a trust in the name of Vaneshwari Bhagwati Asthan and got the same registered by the respondent no.4. The further case of the petitioner is that the respondent no.5 being Chairman of the Sri Sri 108 Vaneshwari Bhagwati Asthan issued notice to the petitioner to furnish details about moveable and immoveable properties of the said Bhagwati Asthan whereafter he approached the respondent authorities for cancellation of the registration of the trust as also for taking action against the erring officers but no positive response was given.