PRATIMA GHOSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEAR the parties finally.

(2.) PETITIONER has prayed for quashing the order dated 16.1.2004 passed in Miscellaneous Case No. 90 of 2003 by the learned District Judge, Giridih, on the purported application under Section 34 of the Indian Trust Act (Trust Act for short) allowing respondent No. 3. Tapbrata Brahmchari, claiming himself to be the Trustee of Bharat Varshiya Brahmo Mandir Congregation, to sell the Trust property to the extent of 8 kathas of land to respondent No. 4. Petitioner has further prayed for quashing the order dated 30.8.2005 passed in Miscellaneous Case No. 2 of 2004 by the learned District Judge, Giridih, rejecting her application under Sections 47/48 of the Bihar Hindu Religious Trust Act, 1950 (Religious Trust Act for short) as not maintainable.

(3.) MR . Debi Prasad, learned senior counsel, appearing for respondent No. 3, on the other hand, submitted that the members of Brahma Samaj are not Hinus and therefore, the petitioner's application under Sections 47/48 of the Religious Trust Act was not maintainable. Regarding the application filed on behalf of respondent No. 3 under Section 34 of the Trust Act, he submitted that the same was maintainable. The property was being encroached and therefore in the interest of the Trust, the property was sought to be sold on as is where is basis to respondent No. 4. He submitted that the Court has to see the interest of the Trust while passing the order under Section 34 of the Trust Act. He lastly submitted that the learned District Judge had jurisdiction to pass order and therefore, this Court should not interfere with the impugned orders.