IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12376 of 2001 SHRI MARWARI THAKURWARI DHARMSHALA AWAM DHARMADA PRABANDHAKARINI SAMITI JAMALPUR & ANOR. Versus THE STATE OF BIHAR & ORS ----------- 6. 30.3.2009 Heard counsel for the petitioner and the counsel for the State. On the own showing of the petitioner an order passed under section 29(2) of the Bihar Hindu Religious Trust Act vide Annexure ‘C’ to the counter affidavit filed by the Bihar Hindu Religious Trust Board would make this writ application not maintainable, inasmuch as what has been really assailed by the petitioner is only a consequential order by way of Annexure 6, whereby and whereunder the Sub-divisional Officer, the temporary trustee, was asked to take charge of the property. Obviously Annexure 6 was not addressed to the petitioner and if Annexure 6 has given a cause of action to the petitioner it was only for him to challenge Annexure ‘C’. That being so, this writ application is wholly misconceived and is not maintainable, inasmuch as if the petitioner really had any interest in the 2 trust property of the trust he had to avail the remedy of appeal under section 29(3) of the Act. Counsel for the petitioner at this stage would submit that the petitioner may be given liberty to file an appeal alongwith the application for condonation of delay. This Court would not like to make any observation on such prayer of the petitioner because it is always open for a party to approach the court with an application seeking condonation of delay. That being so, this Court would not find any merit in this writ application, which is accordingly dismissed. (Mihir Kumar Jha,J.) Surendra/