1. In this writ application, the petitioner has prayed for quashing of the order, dated 21-5-1994 passed by the respondent Chairman, Bihar State Religious Trusts Board, Patna, whereby respondent No. 3, has been declared as temporary trustee of the Trust, namely, Raipur Math. A copy of the order passed by the respondent Chairman of the Board is made Annexure-13 of this writ application. Earlier, by order, dated 13-1-93, the respondent Administrator of the Board, appointed the Sub-Divisional Officer, Dalsingsarai, as temporary trustee of the Math, in question, as it appears from the order contained in Annexure-5 to this writ application. Mr. Tara Kant Jha, learned senior counsel appearing on behalf of the petitioner has assailed the order of the respondent President of the Board on the ground, firstly, that the Trust, in question, is purely a private Trust and, as such, the respondent President has no jurisdiction and/or authority to interfere with the day-to-day functioning of the Trust including appointment of the temporary Trustee unless and until the nature of the Trust is decided either by the authority appointed under Sec. 43 of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as the Act) and/or a competent Civil Court. In substance, the provisions of the Act apply to only public trust and not the private one. Secondly, the petitioner, being a Chela of the original Mahant Balram Das, having already been appointed Trustee with respect to the Math in question, according to the customs, the provision of Sec. 33 of the Act cannot be resorted to by the respondent President for appointment of the temporary Trustee unless the petitioner is removed from the post of Trustee in terms of Sec. 28(2)(h) of the Act. Lastly, it is submitted that the documents were filed before the respondent President in order to show that he, being the Chela of late Balram Das, has been duly appointed Mahant, but without considering those documents, the impugned order has been passed, which is wholly illegal, arbitrary and without jurisdiction. The respondent Board though did not file any counter-affidavit in this case, yet the learned counsel appearing on behalf of the Board supported the order of the respondent-President and submits that the Trust, in question is a public Trust and, as such, the President of the Board is competent enough to appoint the temporary Trustee. The private respondent, namely, Ramadhar Das, has however, filed a counter-affidavit in this case and submits that the petitioner is not the Chela of late Mahanth Balram Das, as alleged, and hence, he cannot be appointed the Trustee of the Math, in question. The private respondent, namely, Ramadhar Das, claiming himself to be the Chela of one Narayan Das, has been rightly appointed a temporary Trustee by the respondent President of the Board.

2. In order to appreciate the rival contentions of the parties, some relevant facts according to the pleadings first. The petitioner was the adopted Chela by the then Mahanth Balram Das of the Math after following the religious ceremony. The said Balram Das was subsequently assassinated on 28-12-1992 and, accordingly, a criminal case lodged being Vidyapati Nagar P.S. Case No. 110 of 1992 for various offences punishable under Sec. 302 and other sections of the Indian Penal Code including Sec. 27 of the Arms Act, against unknown. The petitioner was also injured in course of the assassination of Mahanth Balram Das. The dead body of the late Mahanth Balram Das was handed over to the petitioner for performing the last rites. On 8-1-1993, on the day of Dwadsha of late Mahanth Balram Das, Pagari ceremony was also held whereby the heir and successor of said deceased Mahanth Balram Das was decided. After the death of the deceased Mahanth Balram Das, the Sub-Divisional Officer, Dalsingsarai, had deputed a Magistrate in order to maintain the law and order situation in the Math premises and in presence of a large number of people i