LAWS(PAT)-2003-1-116

BISHWA NATH SAH Vs. STATE OF BIHAR

Decided On January 17, 2003
Bishwa Nath Sah Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) AN interlocutory application has been filed that the heirs of appellant no. 2, Jagdish Pd. Sah, be permitted to be substituted. This application is allowed. The substitution may be made.

(2.) THE order impugned is on the writ petition which apparently was passed at the time when the writ petition was presented for admission and dismissed.

(3.) CONTENTION is that the issue whether the institution run by the petitioners is a public trust or a private trust is a. matter which has to be determined under section 43 of the Bihar Hindu Religious Trust Act, 1950. In the instant case straightaway a committee decision was imposed on the institution, in effect presuming that it is a public trust without giving an opportunity to the petitioners to have the issue determined.