IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16333 of 2009 NAND BALA PANDEY W/O LATE RAM NARAYAN PANDEY VILL SALEMPUR, P.S. AMARPUR, DISTT- BANKA …………….…PETITIONER Versus 1. THE STATE OF BIHAR 2. BIHAR STATE RELIGIOUS TRUST BOARD THROUGH ITS ADMINSTRATOR- CUM- SPECIAL OFFICER, BIHAR STATE RELIGIOUS TRUST BOARD, PATNA 3. ADMINISTRATOR-CUM- SPECIAL OFFICER, BIHAR STATE RELIGIOUS TRUST BOARD, PATNA 4. DISTRICT MAGISTRATE, BANKA 5. SUPERINTENDENT OF POLICE, BANKA 6. OFFICER INCHARGE,, P.S.AMARPUR, DISTT- BANKA 7. CIRCLE OFFICER, AMARPUR, DISTT- BANKA 8. GAURI SHANKAR CHOUBEY S/O LATE BHOLA LAL CHOUBEY R/O SALEMOUR, P.S.AMARPUR,DISTT- BANKA 9. UMASHANKAR CHOUBEY S/O LATE BHOLA LAL CHOUBEY R/O SALEMOUR, P.S.AMARPUR,DISTT- BANKA 10. MITHILESH CHOUBEY S/O LATE SHIV SHANKAR CHOUBEY R/O SALEMOUR, P.S.AMARPUR,DISTT- BANKA 11. VIVEKA NAND CHOUBEY S/O LATE SHIV SHANKAR CHOUBEY R/O SALEMOUR, P.S.AMARPUR,DISTT- BANKA 12. BHANU LAL CHOUBEY S/O LATE MANMOHAN LAL CHOUBEY 13. AKHILESH CHOUBEY S/O SITARAM CHOUBEY R/O SALEMOUR, P.S.AMARPUR,DISTT- BANKA 14. ABINASH CHOUBEY S/O SITARAM CHOUBEY R/O SALEMOUR, P.S.AMARPUR,DISTT- BANKA …..…RESPONDENTS For the petitioner : Mr. Shivajee Pandey, Sr. Advocate. For the State : Mr. P.K. Verma, AC to SC-X For respondent nos.2 and 3 : Mr. Ganpati Trivedi, Advocate. ----------- 04/ 16.09.2010 Heard learned counsel for the petitioner and learned counsel for the State of Bihar and its authorities as well as learned counsel for the Bihar State Religious Trust Board (hereinafter referred to as ‘the Board’ for the sake of brevity). This writ petition has been filed for directing the Board and its officials to remove private respondent nos.8 to 14 from the landed property of the religious trust as they are in - 2 - forceful and illegal possession of the said property which is the property of the trust and the petitioner is the legally appointed trustee (shebait) of the said trust. After some arguments learned counsel for the petitioner seeks permission to withdraw this petition with a liberty to file an application before the Board for getting the matter decided by the Tribunal under section 43 of the Bihar Hindu Religious Trust Act, 1950. Learned counsel for the respondents have no objection. In the said circumstances, this writ petition is disposed of as withdrawn with the aforesaid liberty. If the petitioner files an application before the Board within twenty one days from today, the Board shall within thirty days thereafter grant permission to the petitioner to file an application before the Tribunal. Thereafter the Bihar Hindu Religious Trust Board Tribunal shall issue notice to the other side and shall decide the matter in accordance with law expeditiously preferably within six months thereafter. Harish (S.N. Hussain, J.)