S.B.SINHA, HARJIT SINGH BEDI
Bihar State Board of Religious Trusts – Appellant
Versus
Vishwamath Prasad Lohia – Respondent
JUDGMENT
HARJIT SINGH BEDI,J.
1.This appeal has been preferred by the Bihar State Board of Religious Trusts etc. impugning the judgment of the Division Bench of the Patna High Court dated 27.9.1991quashing the Notification dated 5.8.1989 issued under sub-
section (2) of Section 29 of the Bihar State Board Religious Trust Act, 1950 (hereinafter called the "Act") whereby the committee said to have been constituted on the basis of the trust deed dated 26.9.1983.
2.It has been argued by the learned counsel for the appellants herein that the requisite notice under sub-section (2)of Section 29 of the Act had been issued to the committee prior to its super session and as such the impugned judgment holding to the contrary was not correct. We however find that the notice given to the committee proposing super session is a composite one under section 29(2) and section 32 of the Act. The High Court has found that the said Notification(Annexure-3) dated 5th August 1989 was not in accordance with the provisions or in terms of section 29 of the Act and did not also meet the parameters of the scheme which have been formulated later under section 32. It had also come during the course of the hearin
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