IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8124 of 2008 MAHANTH BHIKHARI DAS Versus THE BIHAR STATE BOARD OF RELIG ----------- 5. 26.3.2009 At the out-set, learned counsel for the Bihar Hindu Religious Trust Board submits that the writ petition is not maintainable since the impugned order having been passed under Section 32 (1) of the Bihar Hindu Religious Trust Act is liable to be challenged before the District Judge under Section 32 (3) of the Act and in the presence of statutory remedy, the petitioner should not be permitted to be heard in the writ petition. Learned counsel for the petitioner, apart from taking various pleas regarding absence of notice issued to him in the matter, states that earlier also title suit had been filed by this petitioner along with the previous Mahanth and ultimately, the matter of injunction had come up before this Court in Civil Revision No.163/2007 and by order dated 12.4.2007, this Court had remanded the matter back to the learned trial Court for re-hearing the matter and disposing it of expeditiously after giving an opportunity to the defendants to file their show cause in the matter and present all their documents in opposition to the said application for temporary injunction and further a direction was also issued to dispose of the suit since the same was filed in the year 1988 itself. It is submitted that due to the vacancy in the office of Subordinate Judge- V, Gopalganj, the matter could not be disposed of and only recently the post has been filled up. In the aforesaid circumstances, the writ application is 2 permitted to be withdrawn with liberty to the petitioner to avail his alternative remedy available under the Statute. It will also be open to the petitioner to press the temporary injunction matter before the Subordinate Judge-V, Gopalganj in terms of the order dated 12.4.2007 of this Court. For a period of two weeks from today, the respondent- Religious Trust Board is directed to maintain status-quo over the property in question. VPS ( Ramesh Kumar Datta,J.)