ANAND KUMAR BAJAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE prayer in the writ application is to quash the notification dated 3rd December, 1990 of the Bihar State Board of Religious Trust, contained in Annexure 1, constituting a committee for the management of Shri Manik Ram Baidya Nath Dharamshala at Nirmali in the district of Saharsa in exercise of its power under Section 32 of the Bihar Hindu Religious Trust Act, 1950 (hereinafter referred to as 'the Act ').

(2.) THE claim of the petitioner is that (his ancestors had constructed the Dharamshala and the same is being used for private ceremonial functions of their own family which is known as 'Bajaj family '. According to the petitioner, the public has got no right to use the said building for any purpose without taking permission from the trustees. Earlier the Board had asked the trustees to submit budget and return under the provisions of the Act, in reply to which it was claimed that the Act had no application to the said Dharamshala as it is not a religious trust within the meaning of the Act. However, it is stated that the petitioner on pressure from the Board and threatening to initiate "criminal proceeding for not submitting the budget and return of the said Dharamshala submitted the return and budget on which the Board fees was fixed, which is admittedly being paid by the petitioner. The petitioner claims to have been coming in possession after the death of his fattier and, according to him, his other cosharer had no interest in the same whatsoever. It is alleged that one Ratan Kumar Sharma filed a petition before the Board alleging that the petitioner is mismanaging the affairs of Dharamshala, whereafter the board asked the Anchal Adhlkari to make enquiry into the matter and to send a report. The Anchal Adhikari submitted the report on 22.6.1988. The Board thereafter issued the impugned notification.

(3.) NO reply to the said counter affidavit has been filed by the petitioner.