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2005 Supreme(Pat) 776

S.N.HUSSAIN
Prem Shankar Chaudhary – Appellant
Versus
Special Officer Now President Bihar State Board Of Religious Trust – Respondent


Judgment

S.N.Hussain, J.

1. Heard learned Counsel for the parties. The petitioner is plaintiff of Title Suit No. 370 of 1989 which was filed by Sarva (sic) Mangala Devi Trust (herinafter refered in as the Trust for the sake of brevity), though its Managing Trustee Prem Shankar Chaudhary after serving notice u/s. 28 of the Bihar Hindu Religious Trust Act. 1950 (hereinafter referred to as the Act for the sake of brevity), against the Bihar State Board of Religious Trust thereinafter referred to as the Board for the sake of brevity) and its Special Officer (opposite parties Nos. 1 and 2) for declaration that the Trust is a private trust and is not a public charitable trust and the Board or its authorities had no jurisdiction to exercise superintendence or control over the Trust or to Interfere with the management and administration thereof as the provisions of the Act had no application to private trusts.

2. The plaintiff petitioner in aggrieved by the impugned order dated 4-7-2000 passed in the aforementioned Title Suit No. 370 of 1939, by which the learned Subordinate Judge 3. Patna City rejected his petition dated 30.10.1998 for directing the opposite parties to remove their locks p



















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