ANANDA MOHAN PANDEY Vs. BIHAR STATE HINDU RELIGIOUS

JUDGEMENT

(1.) THE present application under Articles 226 and 227 of the Constitution of India has been filed for quashing the order dated 7-11-1983 vide Annexure-1, passed by the Bihar State Hindu Religious Trust Board (hereinafter referred to as the 'Board') and it has further been prayed that the communication dated 9 10-1982 (Annexure-2) sent from the Special Officer to the Respondent No. 5, be also quashed.

(2.) THE short facts relating to the present application are that the erstwhile Raja of 'Pakur established different deities at different times. THE last holder of the said Estate Rani Joytirmoyee Devi had no issue. She executed a deed of trust on 30-6-1947 whereby she has endowed some properties mentioned in the said deed of endowment in favour of the family of the deities in order to provide for their Rag, Bhog and daily worship. She appointed herself as the first Shebait. She also made provision for appointment of Shebait or shebaits after her death. THE said endowment was subject-matter of consideration before this Court: in Compensation Appeal No. 5/68, decided on 31-1-1970. THE competent authority Under Section 43 of the Act by order dated 30th January, 1959 in Case No. 20/58, after due consideration of the relevant facts and the Trust Deed held "that the trust was of a private nature to meet the perpetual worship and maintenance of the family deities." Annexure-3 is the copy of the said order.

(3.) ACCORDING to the petitioners, the Board thereafter, without issuing any notice or giving opportunity to the petitioners rejected their claim and upheld the easier communication by Annexure 2 vide order dated 7-9-1983 (Annexure-1).