MAHANTH RAMESH GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India is for quashing of the entire proceeding initiated with the issuance of letter No. 89 dtd. 9/4/2021 against the petitioner on the basis of certain complaints available against him as the Mahanth of Bodhgaya Math located in the district of Gaya. Subsequently, an order dtd. 27/7/2021 has been passed by the Bihar Board of Religious Trusts (hereinafter referred to as ..the Board..) and a notification dtd. 29/7/2021 has been issued by the President of the Board in exercise of power under Sec. 33 of the Bihar Hindu Religious Trust Act, 1950 (hereinafter referred to as ..the Act..), whereby, considering the existence of disputes in relation to the management of the properties of the Math and inter- party dispute among different parties, for better administrative and financial management as well as for protection of the properties of the Math, a Committee has been constituted by way of interim measure consisting of the following : -

(2.) The said order dtd. 27/7/2021 and the notification dtd. 29/7/2021 are also under challenge in this application.

(3.) The petitioner has asserted that he was elected as Mahanth of the said Math on 14/11/2013 in accordance with the customs for succession to Mahanthship of the Math. The said election of the petitioner has not been objected to and, therefore, his Mahanthship stands confirmed. It has further been stated that the Math in question is centrally located with high-value immovable properties. There has been consistent attempts by many persons to take over the Math, somehow or the other. It has also been asserted that one Siddhi Giri Darbari of the Math declared himself Chela of Kripa Shankar Giri, despite the fact that at no point of time said Kripa Shankar Giri had declared said Siddhi Giri as his Chela or his valid legal heir and the said fact was never mentioned by Sudarshan Giri and thus a ploy was laid to grab the entire land of Kripa Shankar Giri by falsely declaring Siddhi Giri as his legal heir. The moment the petitioner learnt about the said facts, he immediately complained the same to the District Magistrate, Gaya. In advancement of their illegal motive, the persons, who wish to illegally take over the affairs of the Math, filed many complaints before different authorities including the Board, the petitioner asserts.