IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7682 of 2006 KRISHNANANDAN SINGH, SON OF LATE BHASO SINGH, RESIDENT OF VILLAGE- PRATAP PUR, P.S. BARHIYA, DISTRICT- LAKHI SARAI :--PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, LAKHISARAI. 3. THE SUBDIVISIONAL OFFICER-CUM-PRESIDENT, SRI MADAN MOHAN BHAGWAN THAKURBARI NAYAS SAMITI, PRATAP PUR, P.S. BARHIYA, DIST. LAKHI SARAI. 4. THE SECRETARY, SRI MADAN MOHAN BHAGWAN THAKURBARI NAYAS SAMITI, PRATAPPUR, P.S. BARHIYA, LAKHI SARAI. 5. THE BIHAR STATE RELIGIOUS TRUST BOARD THROUGH ITS CHAIRMAN, VIDYAPATI MARG, PATNA :---RESPONDENTS. ----------- For the petitioner : Mr. Ramakant Sharma, Senior Advocate. M/S Rajesh Kumar & Narendra Kumar Singh, Advocates. For Respondent No.5 : M/S. Gaupati Trivedi & Madan Mohan, Advocates. For the State : Mr. S.K.Jha, A.C. to G.A.-10. ======== 8. 20.04.2011. Heard learned counsel for the petitioner, State and the counsel for the Bihar State Religious Trust Board (hereinafter referred to as the “Board”). 2. Petitioner is aggrieved by the general notice bearing Memo No. 529 dated 30.06.2006, Annexure-1, whereunder the properties of Sri Madan Mohan Bhagwan Thakurbari Trust, Pratappur, Barahiya has been directed to be auctioned for being settled. It is submitted on behalf of the petitioner that the aforesaid general notice has been issued overreaching the order dated 03.11.2004 passed by the District Judge, Munger in Misc. Case No. 70/2004, Annexure-4, whereunder appointment of Sub- Divisional Officer, Lakhisarai as the trustee of the aforesaid trust made under Reference No. 2259 dated 25.09.2004, Annexure-3 has been impugned and the learned District Judge under order dated 03.11.2004 granted status quo. It is submitted on behalf of the petitioner that earlier petitioner was appointed trustee of the aforesaid trust under notification of the Board bearing Memo No. 3240 dated 14.02.2002, Annexure-2 and when the appointment of the petitioner was superseded under Reference No. 2259 dated 25.09.2004, Annexure-3 by appointing the Sub-Divisional 2 Officer, Lakhisarai as the trustee of the aforesaid trust then the petitioner filed aforesaid Misc. Case No. 70/2004 challenging his removal and appointment of Sub-Divisional Officer, Lakhisarai as trustee of the said trust. The District Judge under orders dated 03.11.2004, Annexure-4 passed status quo order but ignoring the status quo order impugned notice dated 30.06.2006 was issued which has been assailed by filing the present writ petition. 3. In my opinion the petitioner should have also challenged general notice dated 30.06.2006, Annexure-1 before the District Judge in the aforesaid Misc. case. Petitioner, however, filed this writ petition and interim order staying the said notice was passed by this Court on 07.07.2006. The order dated 07.07.2006 is recalled and the writ petition is disposed of directing the petitioner to challenge the aforesaid notice dated 30.06.2006, Annexure-1 in the aforesaid Misc. Case No. 70/2004 which is pending before the District Judge, Munger. The petitioner shall be at liberty to bring to the notice of the District Judge the stay order passed by the High Court. The District Judge shall, however, proceed in accordance with law. P.K.P. (V.N.Sinha,J.)