LAKSHMI NARAYAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in this application are the four deities against whom a proceeding under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (hereinafter referred to as 'the Act') was started by the Deputy Collector, Land Reforms, Sasaram (respondent No. 4), The petitioners had claimed two units; one unit for petitioner No. 1 and another for petitioners Nos. 2 to 4, Respondent No. 4. however, allowed only one unit to the petitioners and declared 20-615 acres of land as surplus. His decision was affirmed on appeal and in revision by respondents Nos, 3 and 2 respectively. They have, accordingly, filed an application under Articles 226 and 227 of the Constitution of India before this court.

(2.) The relevant facts are these: One Despat Rai consecrated four idols of Shri Lakshmi Narayan, Shri Mahabirji, Shri Shivajee and Shri Parbatiji and installed the deities in two temples. Thereafter by a registered deed of endowment dated 19-6-1938 executed in favour of the aforesaid deities, he bequeathed 56 bighas 19 kathas 8 dhurs of land situate in villages Awari and Narayanpur, within Bikramganj Police Station, in the district of Rohltas. According to the terms of the endowment, the properties in question were transferred in favour of all the four deities absolutely as tenants-in-common with provision for meeting out all the services due to them, such as Rag-bhog and other requirements as also for the maintenance of the temples, out of the income derived from the endowed properties, The founder Daspat Rai also executed a deed of gift on 17-1-1961 with respect to 3.02 acrea of land in the name of "Lakshmi Narayan Juthan Hospital" and appointed a Committee for management of the Hospital, Three of the plots in this deed, being plots Nos, 501, 502 and 514 were tha subject-matter of the earlier endowment. Daspat Rai acted as Motwalli of the endowed properties till he died in the year 1962 and was succeeded by his brother's widow, and after her death, one Ram Kailash Rai started looking after the management of the temples and the deities. Later on, the Bihar State Board of Religious Trusts, under the provisions of Section 32 of the Bihar Hindu Religious Trusts Act, 1950, settled a scheme for the administration of the templea and directed that the aforesaid Ram Kailash Rai would administer the scheme in consultation with two other persons, namely, (1) Shri Jairam Giri, M.L.A, and (2) Shri Rameshwar Rai.

(3.) When the proceeding was started by respondent No. 4 under Section 10 (2) of the Act, an objection was filed on behalf of the deities under Section 10 (3) of the Act stating inter alia that the properties of the temples were the trust properties controlled by the Bihar State Board of Religious Trusts and that, in any view of the matter, at least two units should be allowed to the deities. A claim for exemption under Section 29 of the Act was also made,