PANDIT ANANT ACHARYA SHASTRI Vs. PANDIT KESHAV ACHARYA

JUDGEMENT

(1.) THE issue regard being had to the facts and circumstances as are being raised in the present matter had surfaced half a century ago in 1952 by Miscellaneous Case No. 37/52. There is a temple in Mohalla Chunihari tola, P.S. Kotwali in the town of Bhagalpur known as Radha Raman Kunj Bhawan Divyadesh Malchak, Chunihari tola, Rameshwar Narain Agrawal Road. The temple was made by an endowment. The deed was dated 28 June, 1940.

(2.) THE issue raised in this petition basically is on who should be the Sebait at the temple. Whatever be the lis between the parties it is. all within an ecclesiastical order. In the case of a void on the office and position of a Sebait the proceedings are under the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act 1 of 1951). The order of the 2nd Addl. District Judge, Bhagalpur dated 6 July, 1995. is a proceeding which has arisen under this Act but it is not the first order arising out of the only proceeding. The matter has been litigated between Sebaits in the case which was numbered as Misc. Case No. 37/52. The then Addl. District Judge, Bhagalpur by his order of 23 February, 1957. referred the matter under section 113 of the Code of Civil Procedure, 1908 on the ground of vires of section 48 of Bihar Hindu Religious Trusts Act, 1950 as Civil Reference No. 1 of 1957 to the High Court. The High Court upheld the constitutional vires and sent the matter back to the lower court for a decision on merits.

(3.) /1/2013 Page 85 Jago Devi Versus Bhagirath Prasad @ Bachcha Babu could be appointed and, thus, directed the receiver to continue. This order was challenged by one of the priests before the High Court by filing a Misc. Appeal No. 89 of 1973. He was joined by another priest whose appeal was numbered as Misc. Appeal No. 99 of 1973. Misc. Appeal No. 89 of 1973 abated. Misc. Appeal No. 99 of 1973 was allowed and the order of the lower court was set aside and the matter was remanded for passing an order on the appointment of a Sebait.