IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.551 of 2007 JAGDISH BHARTI Versus THE STATE OF BIHAR & ORS ----------- 4 02.9.2008 Heard learned counsel for the parties. In the instant writ petition, petitioner has prayed for restraining the respondents from ongoing renovation and reconstruction of a Math (temple) which is alleged to be the private property of the petitioner. Learned counsel for the petitioner while referring to annexure 3 submits that in an application under section 43 of the Bihar Hindu Religious Trust Act, 1950 (Act 1 of 1951) bearing Case no. 44/1957 the learned Authority vide order dated 21.5.1960 on consideration of the evidences and circumstances held and pronounced that the said Math is the private properties of the petitioner and his Gotias. It is further submitted that the Special officer, Bihar State Religious Trusts Board vide order dated 15.9.1988 recalled constitution of a committee to manage the affairs of the said Math dated 10.8.1988 recording therein that the case of the Board was very weak. It is further submitted that the DM, Sheohar in association with respondent nos. 5,6 and others are infringing his fundamental right to life and liberty as envisaged under Article 21 of the Constitution of India. By referring to paragraphs 11,12 and 13 of the counter affidavit filed on behalf of the District magistrate it is submitted that the district administration is no way concerned with the works carried out inside the temple as it never ordered for any renovation or reconstruction of the Math rather it was the Chairman/proprietor of the - 2 - Riga Sugar Mill, respondent no.5 who got repaired the temple and constructed a gate in its western entrance on the request of local people and some Mahanths. Having heard the parties and going through the materials on record, this Court is of the view that the petitioner may pursue his other remedies including representing to authorities in this regard. The writ petition is disposed of. Shashi. (S.P.Singh,J)