PREM SHANKAR BHARATEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Shri Y. V. Giri, learned senior Counsel on behalf of the petitioner and Shri A. P. Jittu, learned Counsel behalf of the respondent Board.

(2.) THE petitioner questions the actions of the respondent Board culminating in order dated 26-6-2006 at Annexure 4. The impugned order states that the Administrator cum Special Officer of the Board by order dated 6-6-2006 has appointed the District magistrate, Bhagalpur as the temporary trustee of the Ajgabi Nath Mahadeo Mandir trust, under Section 33 of the Bihar Hindu religious Trusts Act 1950 (hereinafter referred as 'the Act' ). The charge having been assumed by the District Magistrate, the petitioner was required to hand over all records before the SDO Bhagalpur so that the same may be examined.

(3.) THE short facts of the case are that the Ajgabi Nath Mahadeo Temple is a public trust registered under the Act. The mahanth died on 27-6-1992. The petitioner was appointed as a Mahanth on 8-12-1994. The Chairman/president of the respondent board on 16-2-2004 issued a show cause notice to the petitioner to show cause as to why he should not be removed for financial mismanagement under Section 28 (2) (h) (iii)of the Act so that a fresh Committee be not constituted for the smooth functioning of the trust in exercise of powers under Section 32 of the Act. The petitioner replied to the same when the Chairman/president of the board by his order dated 23-7-2004 in anticipation of the approval of the Board removed the petitioner in exercise of powers under Section 28 (2) (h) (iii) for alleged financial mismanagement and appointed the district Magistrate, Bhagalpur as the temporary Trustee. A copy of this order was forwarded to the petitioner also. The orders of the Chairman/president was ratified by the board at its meeting on 7-8-2004. On 6-6-2006 the Administrator cum Special Officer wrote to the District Magistrate, Bhagalpur that the latter by an order dated 23-7-2004 had been appointed as a Temporary Trustee under Section 33 of the Act and in view of the forthcoming Sharawanl Mela the District magistrate was required to assume possession and charge of the Trust immediately under intimation to the Administrator. The impugned order dated 26-6-2006 is the corollary and conclusion of the aforesaid.