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1984 Supreme(Pat) 418

S.S.SANDHAWALIA, HARI LAL AGRAWAL, SUSHIL K.JHA
Mahanth Dhansukh Giri – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. The inherent limitations of the Writ Court to enter into the thicket of concurrent findings of fact is yet again the salient issue which has come to the fore in this case, referred for decision to the Full Bench. Equally at issue is the applicability or otherwise of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, to agricultural land, owned by Hindu religious Maths.

2. The writ petitioner, Mahanth Dhansukh Giri, is the Mahanth of the Bodh Gaya Math, and it is averred that he is the common shebait of the seventeen deities on whose behalf this application is made. Admittedly, the Bodh Gaya Math is an old and renouned institution in the region, owning more than 2000 acres of agricultural land in the district of Gaya. On the petitioners own showing, the then Mahanth, Shree Krishna Dayal Giri, executed a deed of trust dated the 13th of February, 1932 (vide Annexure 11). This deed did not, admittedly, mention any of the deities at all. Thereby the Mahanth divested himself of the management and set up a Board of Trustees for the management of the trust properties. It is, however, sought to be denied that this deed

















































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