LAWS(PAT)-2018-7-396

DEVENDRA PRASAD SINGH Vs. SUPERINTENDENT, BIHAR

Decided On July 30, 2018
DEVENDRA PRASAD SINGH Appellant
V/S
Superintendent, Bihar Respondents

JUDGEMENT

(1.) Petitioner before this court is plaintiff of Title Suit No.83 of 2010 pending in the court of Subordinate Judge I, Samastipur. He has filed the aforesaid suit for setting aside the order contained in Letter No.2740/conf. dtd. 29/10/2009 issued by the Office of Sub- Divisional Officer, Samastipur restraining the petitioner from cutting the crops from the disputed land which is said to be the land of Sita Ram Thakurbari situated at village Karpuri Gram, District- Samastipur.

(2.) The case of the petitioner is that one Rameshwar Choudhary had no male issue. He had only a daughter, namely, Chhohara Devi. The said Chhohara Devi had two sons, namely, Devendra Prasad Singh and Anand Swaroop Singh. The aforesaid Rameshwar Choudhary executed a registered samarpannama no.5392 dtd. 27/8/1942 in favour of Sri Sita Ram Jee Maharaj (Deity) and dedicated the suit property declaring himself as Shebait of said Thakurbari till his lifetime and after his death, his wife Ram Pari Devi and on her death her daughter Chhohara Devi who was mother of the petitioner. The Shebaits so appointed were given right to perform puja-path of the said Thakurbari which was/is purely a private trust and except family members of the petitioner nobody had or has any manner of concern with the said Thakurbari. The local people fraudulently filed a petition before respondent no.1 (Bihar State Religious Trust Board, Vidyapati Marg, Patna) in the year 2009 and got the said Thakurbari registered as public trust. Thereafter the respondent no.1 issued a letter dtd. 15/9/2009 appointing Sub- Divisional Officer, Samastipur as trustee to manage the property. The said Sub-Divisional Officer (respondent no.2) gave order to local Mukhiya to cultivate and manage the land of Thakurbari. According to the petitioner, the said Mukhia with the help of some villagers forcibly cut the trees and caused loss and injury to the petitioner for which the petitioner filed Criminal Case No.796 of 2010 against the concerned persons. The petitioner then filed Title Suit No.83 of 2010 for setting aside the order issued by respondent no.1 (Bihar State Religious Trust Board). The petitioner filed an injunction petition under Order 39 Rule 1 and 2 of the C.P.C. praying therein to injunct the respondents from damaging the suit property which after hearing was dismissed by the court below as per order dtd. 14/10/2011. Thereafter the petitioner filed Miscellaneous Appeal No.43 of 2012 before this court which was dismissed as withdrawn with liberty to the petitioner to file the same before appropriate court. The petitioner then filed Miscellaneous Appeal No.22 of 2012 which after hearing both sides was dismissed. The present writ application has been filed to quash the said order.

(3.) The learned counsel for the petitioner referred to Annexure 2 to show that some of the lands were acquired by government in the year 1994 for which the petitioner was given compensation by Land Acquisition Department. The documents on record prima face show that the Bihar State Religious Trust Board had no concern till 2009 and so balance of convenience lies in favour of petitioner.