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1998 Supreme(Pat) 394

S.N.MISHRA
Mahanth Ram Shankar Das – Appellant
Versus
Bihar State Religious Trusts Board – Respondent


Judgment

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, 195








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