ASHOK KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Irony of the present litigation cannot be lost sight of as the stated position which has emerged during the course of hearing is that the issue of declaration of the property of which the petitioner claims himself to be a rightful claimant and as a private trust, is the subject matter of adjudication before the administrator Bihar Religious Trust Board. This adjudication is being held under the purported exercise of power conferred under the amended provision brought into effect in the year, 2007 and the concerned section is Section 28(2)(u) of Bihar Hindu Religious Trust Act.

(3.) When the writ application was filed the subject matter of challenge was the order dated 4.3.2009 contained in Annexure-5 by virtue of which the administrator had declared the trust to be a 'public trust'.