Judgment

ALAGIRISWAMI, J:- These three appeals arise out of the common judgment of the High Court of Patna in Civil Writ Jurisdiction Case No. 571 of 1969 and Criminal Miscellaneous Cases Nos. 1181 and 1182 of 1969. The question that arises for decision in all the three appeals is the same: whether a decision under Section 43 of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter to be called the Act) is a condition precedent to the launching of a prosecution under Section 67 of that Act. The facts necessary may first be stated. The 1st respondent in the Civil Appeal No. 2029 of 1970 was called upon by the Bihar State Board of Religious Trusts to submit a statement relating to the Giri Gobardhan Mandir of Bana Nava Gram on pain of prosecution under Section 67. Thereupon he filed the writ, out of which this appeal arises, alleging that there was no temple of Giri Gobardhan but only the idol of Giri Gobardhan which was his family idol and the income of the land was not the income derived from the properties of the idol. He further contended that there was no trust of any kind relating to the properties and that no member of the public had any access to the idol nor was any offerin