MAHANTH RAMESH GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Kamal Nayan Chaubey, learned senior counsel along with Mr. Alok Agrawal and Mr. Amar Jyoti Sharma, learned counsel appearing on behalf of the petitioner; Mr. Manoj Kumar Sinha, learned AC to SC-19 for the State; Mr. Ganpati Trivedi, learned senior counsel for the Bihar State Religious Trust Board and Ms. Mahasweta Chatterjee, learned counsel along with Mr. Rajiv Singh, learned counsel for the respondent no.9.

(2.) The petitioner has filed the writ petition for the following reliefs:

(3.) Briefly stated facts of the case are that the Bodh Gaya Math situated at Bodh Gaya saw a long battle between the Mahant of the Math in question with regard to the nature of the Trust and its properties. An information has been given on behalf of the respondent nos. 2 and 3 that on the basis of a compromise before the Hon'ble Supreme Court in SCA No. 66 of 1955, it has been held that the provisions of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as the "Act, 1950") will be made applicable to the Math in question. The Mahant of the Math is / are appointed in terms of the condition of a registered deed dtd. 13/2/1932 and the Board accordingly recognized the Mahant so appointed. One amongst the other Mahant namely Mahant Sudarshan Giri who was a recognized Mahant by the Board had died on 29/10/2013 and upon the death of the Mahant Sudarshan Giri, the seat of the Mahant fell vacant. The present petitioner has claimed before the Board to declare him Mahant in want of any claimants and the Board took decision contained in Memo No. 2185 dtd. 20/2/2014 by appointing the petitioner as temporary trustee of the Math. The petitioner was never recognized as Mahant of the Math in question. On the other hand, one Triveni Giri - respondent no.9 filed several complaints apprising mismanagement of the Board's property at the hands of the petitioner. The Administrator of the Board at that point of time had requested the District Magistrate to hold an inquiry with respect to the charges levelled against the petitioner. The District Magistrate got the matter inquired by the Additional Collector, Gaya vide Letter No. 5159 dtd. 3/7/2018 that illegally lands belonging to the Math were sold which required constitution of a committee for better administration of the Trust. In this connection, a Letter No. 5159 dtd. 3/7/2018 has been brought on record by way of Annexure-C to the counter affidavit filed on behalf of respondent nos. 2 and 3. The Board issued show cause notice to the petitioner to explain the charges levelled against him and simultaneously by that time the Board became functional and President of the Board requested the Regional Trust Committee in exercise of power under Sec. 40 of the Act to submit an enquiry report with respect to the Math in question along with the other temple trusts. The report was submitted with respect to the trust in question by the Regional Trust Committee and the President considering the report found it necessary to protect the properties of the Math and took decision contained in Memo No. 1747 dtd. 31/10/2020. The decision of the Board was challenged by the petitioner in CWJC No. 1491 of 2020 on the ground that the president has no jurisdiction to take such decision as contained in Memo No. 1747 dtd. 31/10/2020. The writ court allowed the prayer of the petitioner on the ground that in absence of the Board duly constituted under Sec. 8 of the Act the President had no jurisdiction to take decision. The petitioner, thereafter, started living at some other place after the order was passed by this Court in CWJC No. 1491 of 2020 and Triveni Giri - respondent no.9 claiming himself to be appointed according to the customs and rituals of the Math in question claimed his Mahanthship of the Math. The Board intervened in exercise of power under Sec. 33 of the Act. The President constituted a Committee of six members vide Memo No. 2320 dtd. 29/7/2021 till it is finally decided with respect to the Mahanthship of the said Math. The petitioner being aggrieved by the said constitution of committee filed CWJC No. 16795 of 2021, however, this Court declined to interfere in any manner with respect to the decision of the President contained in Memo No. 2320 dtd. 29/7/2021 and the writ petition was dismissed vide order dtd. 17/1/2022 (Annexure-F). The Board was duly constituted and the President was having power. The enquiry was held and it was found to be true against the petitioner and his claim for Mahanth was rejected. Several persons claimed Mahanthship, but all were declined by the Board and the petitioner having grown too old and considering his association with the trust in question for long years, he was honoured by conferring him a post of Sanrakshak of the trust and was being paid a sum of Rs.50,000.00 per month for the purpose of the management of the Math and Puja Path etc. in the Math and the management of the committee was handed over to the temporary committee constituted by the President. The petitioner also admitted his position in a duly sworn affidavit dtd. 8/2/2023 before the Notary Public Varanasi (AnnexureG).