SHEO KUMAR BARANWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has challenged the letter issued by the Chairman of Bihar State Board of Religious Trust vide Memo no. 662 dated 11th July, 1998, whereby Baranwal Seva Sadan Dharamshala, Doghar has been declared as Hindu Religious Public Trust, appointing the Sub Divisional Officer, Deoghar as provisional trustee for the time being and to take charge of the affairs of the Dharamshala. According to the petitioner, the impugned order is wholly arbitrary, non-speaking and laconic and the same has not been passed in accordance with the direction issued by order dated 9th February, 1998 passed in CWJC No. 7519 of 1996 by the Patna High Court, as then was.

(2.) Mr. V. Shivnath, learned senior counsel, appearing on behalf of the petitioner, submitted that by order dated 9th February, 1998 passed in CWJC No. 7519 of 1996, the petitioner was directed to furnish all the relevant documents required by the Respondent-Board and the Board was directed to pass speaking order afresh in accordance with law. According to the direction, the petitioner had produced all the documents and had argued his case in detail, but the documents and submissions have not been mentioned in the order. There is one line conclusion that after hearing both the parties it has been decided that the said trust, in question, is religious trust and it comes within the jurisdiction of the Board, constituted under the provisions of Bihar State Hindu Religious Trust Act, 1950. It has been submitted that in the order dated 9th February, 1998 passed in the said writ petition, it was clearly directed that the Board will pass speaking order, in accordance with law, but the Board has passed a cryptic order.

(3.) On going through the order, it does not appear as to which document or material was considered and relied upon and why the documents filed by the petitioner were discarded. The order is mechanical, non-speaking and violative of the directions of the High Court as also violative of principles of natural justice and the same is wholly illegal and not sustainable.