Rampriya Das Chela of late Jagdeo Das vs Bihar State Religious Trust Board and Another

Anjana Prakash, J.—The petitioner has preferred the present writ application for issuance of a writ of certiorari for quashing the order of Preside/if, Bihar State Board of Religious Trust, by which it had directed the Anchal Adhikari, East Champaran to mutate landed properties of Govindpur Math in the name of Mahanth Sudama holding the trust to be a public trust and Mahanth Sudama Das as its Managing Trustee as contained in Memo No. 1807 dated 19.10.1995 (Annexure-1) and again in letter No. 3062 dated 21.3.1996 (Annexure-2). The petitioner had sought quashing of these directions on the ground that the Math was a private trust and not public trust and, therefore, such a direction was without legal sanction.

It has been fairly pointed out by the parties that now after 2007 amendment u/s. 28(2)(u), it is the Board which can decide whether the Math was private or public trust.

In view of such, the matter is remanded to the Bihar State Board of Religious Trust, Patna for fresh notices to the parties on this and other ancillary issues and decide the matter finally. With these observations, the application is disposed off.