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1959 Supreme(SC) 51

S. R. DASS, S. K. DAS, P. B. GAJENDRAGADKAR, K. N. WANCHOO, M. HIDAYATULLAH
Mahant Ram Krishna Das – Appellant
Versus
S. P. Sahi, The Special Officer in charge of Hindu Religious Trust – Respondent


Judgment

S. K. DAS, J. : This is a batch of five appeals which have been heard together and the principal question for decision in these appeals is the constitutional validity of the Bihar Hindu Religious Trusts Act, 1950 (Bihar I of 1951), hereinafter referred to as the Act. Four of these appeals arise out of writ proceedings then in the High Court of Patna on petition made under Arts. 226 and 227 of the Constitution. One of them, namely, Civil Appeal No. 228 of 1955, arises out of a suit which was originally, instituted in the Court of the Subordinate Judge of Patna but was later transferred to the High Court by an order made by it under Art. 228 of the Constitution. The petitioners in the writ petitions and the plaintiffs in the suit challenged the constitutional validity of the Act on certain grounds to which we shall presently refer. The petitions and the suit were contested by the State of Bihar and/or the President, Bihar State Board of Religious Trusts; who are now respondents before us.

2. The High Court in three separate judgments, two dated 5-10-1953, and the third dated 8-10-1953, held that the Act was a valid piece of legislation and on that main finding dismissed the wr

































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