Rakesh Kumar Tiwari V. The Union of India represented by its secretary to government of India, Ministery of Law and Justice, New Delhi- 110001 and State of Bihar represented by Secretary, Social Justice Department, Secretariat, Bihar, Patna and Director of Social Justice Office of the Director of Social Justice, Secretariot, Patna, Bihar and Secretary to Government of India, Ministry of Women and Child Development, Union of India, New Delhi 110001 and The National Commission for protection of Child rights represented by its assistant director, 5th Floor, Chanderlok building, 36 Janpath, New Delhi and The Union of India, through chief commission income tax, central revenue, Building, Patna (Bihar) and The Bihar State Board of religious Trusts through its president, Vidyapati Marg and The State of Bihar through chief Secretary, Patna, Bihar and Principal Secretary Department of Social Welfare, Government of Bihar and District Child Protection Officer, Gaya District Child Protection Society, through DM Gaya, Bihar and Commissioner Municipal Corporation, Gaya, Bihar and Collector / District Magistrate, Gaya, Bihar and Senior Superintendent of Police, Gaya, Bihar and S.D.M. (Sub Divisional Magistrate) Sadar Gaya, Bihar and Circle Offier / Anchaldhikari Manpur, Anchal, P.s.- Muffasil, District- Gaya, Bihar and Station Head Officer, P.s.- Muffasil, Gaya, Bihar and Majui Lal Trust @ Mauji Lal Public Trust (Mauji Lal Anathalaya) through its Manager, Mahavir Asthan, N- Lakhibagh, P.o.- Bunidyadganj, P.s.- Muffasil, Gaya, Bihar and Narendra Prasad Gupta S/o Late Deep Narain Prasad Gupta Mohalla- Deep Bhawan rang Bahadur Road, Piparpanti, Gaya, Bihar

CWJC/12737/2021

AI Insights

Rakesh Kumar Tiwari filed a writ petition against multiple respondents including the Union of India and the State of Bihar, concerning the management of the Maujilal Trust. The trust, established for the care and protection of orphaned children, was allegedly mismanaged by Narendra Prasad Gupta, who claimed to be a trustee based on a disputed document. The petitioner accused Gupta of taking illegal possession of the trust property and misappropriating funds. The case was complicated by ongoing litigation under the Bihar Hindu Religious Trusts Act, which the petitioner was also a part of. The High Court dismissed the petition, citing the existence of alternative legal remedies and the lack of substantive evidence to support the allegations made.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 701133 (HC-PATNA)
• Appeal Type: Others
• Pronouncement Date: 05-04-2023
• Assessment Year: misc
• Laws Referred To: Bihar Hindu Religious Trusts Act, Civil Procedure Code
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: KUMAR SACHIN
• Assessee Lawyers: RAKESH TIWARI
• Keywords: Fake documents; Illegal Possession; Misuse of funds; Public Interest Litigation; Trust mismanagement; Alternative remedies
• Section: 92

Judgement Text

"IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12737 of 2021 ====================================================== Rakesh Kumar Tiwari S/o of Late Anjani Kumar Tiwari resident of mahavir asthan in lakhibagh manpur ps- muffasil, po.- bunidyaganj dist- gaya bihar ... ... Petitioner/s Versus 1. The Union of India represented by its secretary to government of India, Ministery of Law and Justice, New Delhi- 110001 2. State of Bihar represented by Secretary, Social Justice Department, Secretariat, Bihar, Patna 3. Director of Social Justice Office of the Director of Social Justice, Secretariot, Patna, Bihar 4. Secretary to Government of India, Ministry of Women and Child Development, Union of India, New Delhi 110001 5. The National Commission for protection of Child rights represented by its assistant director, 5th Floor, Chanderlok building, 36 Janpath, New Delhi 6. The Union of India, through chief commission income tax, central revenue, Building, Patna (Bihar) 7. The Bihar State Board of religious Trusts through its president, Vidyapati Marg 8. The State of Bihar through chief Secretary, Patna, Bihar 9. Principal Secretary Department of Social Welfare, Government of Bihar 10. District Child Protection Officer, Gaya District Child Protection Society, through DM Gaya, Bihar 11. Commissioner Municipal Corporation, Gaya, Bihar 12. Collector / District Magistrate, Gaya, Bihar 13. Senior Superintendent of Police, Gaya, Bihar 14. S.D.M. (Sub Divisional Magistrate) Sadar Gaya, Bihar 15. Circle Offier / Anchaldhikari Manpur, Anchal, P.s.- Muffasil, District- Gaya, Bihar 16. Station Head Officer, P.s.- Muffasil, Gaya, Bihar 17. Majui Lal Trust @ Mauji Lal Public Trust (Mauji Lal Anathalaya) through its Manager, Mahavir Asthan, N- Lakhibagh, P.o.- Bunidyadganj, P.s.- Muffasil, Gaya, Bihar 18. Narendra Prasad Gupta S/o Late Deep Narain Prasad Gupta Mohalla- Deep Bhawan rang Bahadur Road, Piparpanti, Gaya, Bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Tiwari (In person) For the Respondent/s : Mr. Kumar Sachin, CGC ====================================================== Patna High Court CWJC No.12737 of 2021 dt.05-04-2023 2/4 CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-04-2023 The petitioner, who appeared party- in- person, was offered legal assistance, which he declined to accept. The petitioner has filed the above writ petition under the normal nomenclature, which was altered as a ‘public interest litigation’. The petitioner is concerned with the conduct of a trust by name ‘Maujilal Trust @ Maujilal Public Trust’, impleaded as 17th respondent. The petitioner claims that the trust was instituted by one Maujilal, son of Babu Harlal Sahu, resident of Purani Godown, District-Gaya by a registered deed dated 30.04.1926, produced as Annexure-1. It is contended that the nominated person (trustee) has expired and Narendra Prasad Gupta, the 18th respondent, claims to be a trustee on the basis of fake and fabricated document. Bald statements are made that the object of the Trust is not being followed and that the 18th respondent has taken illegal possession of the property. The trust was established for the care and protection of the orphan children, is not carried on properly and for their benefit and there is misuse and misappropriation of funds, are the allegations. Patna High Court CWJC No.12737 of 2021 dt.05-04-2023 3/4 The petitioner in paragraph 10 of the memorandum alleges that he along with two other members, with the intention of protecting the assets of the trust, has filed Misc. Case No.25 of 2009 in the Court of District Judge, Gaya, under the provisions of Bihar Hindu Religious Trusts Act; which has been transferred to the Court of Additional District Judge, Gaya and renumbered as Misc. No. 04/ 2019 and is pending. It is the further contention of the petitioner that the respondents are attempting to delay the proceedings before the Civil Court and that they are conspiring against the petitioner. The petitioner also alleges that the respondents are terrorizing the petitioner and his family as also perpetrating physical violence on them. As has been rightly pointed out by the learned counsel appearing for the respondents, already a proceeding has been initiated before the Civil Court; though the true nature and specifics of such a litigation is not revealed by the petitioner despite he being a party to it. It is pertinent to observe that there are sufficient alternative remedies available, especially Section 92 of the Civil Procedure Code wherein all the stated grievances could be agitated. We cannot but observe that the present writ petition is a hotchpotch of bald allegations, without any clarity of purpose and disclosure of the real intent. Patna High Court CWJC No.12737 of 2021 dt.05-04-2023 4/4 We find no reason to entertain the writ petition and dismiss the same. Sunil/- (K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) AFR/NAFR NAFR CAV DATE Uploading Date 10.04.2023 Transmission Date "