MAHANTH RAMESH GIRI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Undaunted by the cost imposed for suppression of facts in the writ petition; which the writ-petitioner willingly undertook to pay on the warning issued by the learned Single Judge to proceed under Sec. 340 of the Criminal Procedure Code, the writ-petitioner is in appeal from the judgment in the writ petition.

(2.) We have our own doubts whether Sec. 340 Cr.P.C., could be invoked as against suppression of facts alleged, but the writ-petitioner feared so and accepted the factum of suppression and offered to pay cost for absolution from such criminal procedure.

(3.) In the writ petition from which the LPA arises the petitioner, a Sadhu attached to the Bodh Gaya Math challenged the order dtd. 6/6/2022, by which the Bihar State Board of Religious Trust (for brevity 'the Board'), anointed the petitioner as a Patron and further, in exercise of the power under Sec. 33 of the Bihar Hindu Religious Trusts Act, 1950 (for brevity 'the Act'); considering the existence of disputes in relation to the management of the properties of the Math and inter-party disputes regarding the Mahanthship, decided to form a Committee for better administration and financial management as well as for protection of the properties of the Math. For the purpose of constituting a Committee, proposal of names were called for and till the new Committee was constituted the existing Committee was allowed to continue. The existing Committee was appointed by an earlier order of the Board dtd. 27/7/2021 and notified on 29/7/2021.