MAHANT CHANDRMA DAS Vs. HARIBANSH RAI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed under Article 227 of the constitution of India against part of the order dtd. 24/3/2023 passed by learned Additional District Judge IVth, Buxar in Miscellaneous Case No. 108/2022 whereby and whereunder the learned court below directed inter alia, that the rent etc. of the trust property be deposited in bank account of the trust till the constitution of Managing Committee by Board in accordance with law and its notification in compliance of order of High Court, Patna and also directed that one Kedarnath Singh and other illegal occupant over portion of the trust property be vacated forthwith.

(3.) As per the petition, the petitioner is a duly appointed Mahanth of Shri Badi Mathiya, Ram Rekha Ghat, Buxar which is under the main Math of Shri Hanuman Garhi Mandir, Dibrugarh, Assam. Badi Mathiya is duly constituted Religious Trust with the Bihar State Board of Religious Trust (hereinafter be referred as 'the Board'). It is under Mutwaliship / Mahanthi and no Managing Committee can be constituted for looking after the affairs of the Trust. The present Mahanth Chandrama Das (petitioner) is the Chela of Mahanth Ramlakhan Das who vide a registered deed dtd. 16/3/1989 had appointed him to be the new Mahanth of Shri Hanuman Garhi Mandir, Dibrugarh, Assam and Shri Badi Mathiya, Ramrekha Ghat, Buxar. Accordingly, after death of Mahanth Ramlakhan Das, the petitioner took over the charge of Mahanti of the trust in question.