BUDDHI DEVI DHARAMSHALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ petition, the petitioner has assailed the validity of the order dated 10.8.2000, contained in Annexure 5, passed by the Chairman of the Bihar State Board of Religious Trusts declaring Srimati Buddhi Devi Dharamshala and Shri Kaushiki Nath Mahadeo Mandir, Aminabad, Semapur, Katihar as a public trust on the basis of the deed creating trust.

(2.) Earned Counsel for the petitioner has submitted that the impugned order is wholly without jurisdiction and bad in law inasmuch as in case there was any dispute with respect to the nature of the trust, the authority should have proceeded under Section 43 of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as 'the Act'), but the Chairman of the Board (respondent No. 2) has passed the order without holding any such inquiry. It is also submitted that from the trust deed it would appear that it is a private trust and not a public trust. As such, the declaration of the Trust in question as being a public trust is contrary to the provisions of the deed itself creating trust.

(3.) Mr. A. P. Jittu, learned Counsel appearing for the Board has submitted that Section 29 empowers the Board to supersede a trust and make such declaration and under Section 29(3) of the Act if any person interested in the religious trust is aggrieved, he/she can make an application to the District Judge for varying, modifying or setting aside such order. He further submitted that the petitioner has remedy under Section 54 of the Act also which empowers the District Judge of the district in which the whole or any part of the subject -matter to the religious trust is situated, to deal with such grievances.