Ramaswami, J.

1. In these applications which have been heard together an important question of law arises for determination, viz., whether the Bihar Hindu Religious Trusts Act (Bihar Act 1 of 1951) is constitutionally valid.

2. In M. J. C. No. 418 the petitioner is Mahanth Moti Das whose muth is situated at village Parbatta in district of Monghyr. The Mahanth is a Bairagi and follower of the religion founded by Shri Kabir Sahib. The Mahanth states in the affidavit that the muth was founded for the spiritual benefit of a particular sect called Kabirpanthis whose doctrines are contrary to the beliefs of the Hindus. The Mahanth alleges that the properties of the muth have been treated as private properties and there is no trust imposed on these properties for any religious or charitable purpose. It is said that on 18-8-1952 a notice was served upon the Mahanth by the opposite party No. 1 under Sec. 59 of the impugned Act calling upon him to furnish a statement of the properties of the religious trust and threatening to prosecute him in case of default. It is contended for the petitioner that the Bihar Hindu Religious Trusts Act is unconstitutional and void as its provisions vi