RAMKRISHNA DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner, Mahanth Ramkrishna Das has moved this Court for a writ in the nature of certiorari under Article 226, Constitution of India for calling up and quashing the proceeding drawn under Section 59, Bihar Hindu Trusts Act (Bihar Act I of 1951).

(2.) The petitioner states that he is Mahanth of the temple known as Bhikam Das Thakurwari located in Mahalla Bakerganj in the town of Patna. The temple is very old and was constructed by Benidasji who installed Thakur Radha-krishnaji, Thakur Kapildeo Bhagwan, Bawan Bhagwan and Ramchandraji. The petitioner claims that he is shebait of the idols installed :in the temple. It is stated in para 4 of the application that Mosammat Dhanokuer, Jawahar Singh of Rukhai and Jagarnath Sahai have dedicated properties for the worship of the idols installed in the temple. The case of the petitioner is that the temple is not a public endowment and there is no trust constituted with respect to the properties of the temple. The submission of the petitioner is that Bihar Act 1 of 1951 is unconstitutional as it violates the guarantees under Articles 19(1)(f) and 25, Constitution of India. In the alternative it is submitted that the Act has no application to the case of the petitioner and the proceeding started is ultra vires and is without jurisdiction.

(3.) There is a counter affidavit filed on behalf of the State of Bihar in this case. It is alleged in the counter affidavit that the temple is a public temple and the main source of the income of the temple is "the Charahua made at the feet of the Thakurjees by the public who go to worship there."