SHRIMAHANTHMADHUSUDANDASJI Vs. BIHAR STATE BOARD OF RELIGIONS TRUST

JUDGEMENT

(1.) In the present writ application, the petitioner, who claims to be Mahanth of Chhoti Sangat Mathia Dumraon, has prayed for quashing of the notification issued by the Special Officer of the Bihar Hindu Religious Trust Board in Exercise of the power under Section 32 read with Section 81 (b) of the Bihar Hindu Religious Trust Act, 1950 (hereinafter referred to as 'the Act') settling scheme for administration of the said Religious Trust and appointing a Committee therefor, vide Annexure 3, as also the order 17-9-92 of the Circle Officer, Dumraon as contained in Annexure 2, whereby the petitioner has been asked to hand over the charge of moveable and immovable properties of the Trust to the members of the Committee by 19th September, 1992. failing which the same shall be delivered to the members of the Trust by the use of force.

(2.) Mr. Vijeshwar Narain Sinha, learned Counsel appearing for the petitioner has raised a short question that the impuged notification has been issued in complete violation of the provisions contained in Section 32 (1) (a) of the Act, inasmuch as it has been contended that before exercising the power provided under Section 32, no notice was given to the petitioner or to any of its disciples nor any enquiry was made. The learned Counsel also submitted that the impugned order (annexure 2) cannot be sustained in view of the provisions contained in Section 57 which provides for the manner, in which such notification can be inforced. In support of this submission the learned Counsel has placed reliance on a decision of the Supreme Court in the case of State of U P. v. Maharaja Dharmendar Pd Singh etc. (AIR 1989 S. C 997).

(3.) Mr Sinha in support of his first submission has referred to the statement made in paragraph 6 of the writ application which is as follows :