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1998 Supreme(Pat) 398

CHAUDHARY S.N.MISHRA
Tej Bahadur Verma, Managing Trustee of Sri Shyam Lal Rashtriya Vidyalaya Trust Board, Khagaria – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the petitioner: M/s. Tarakant Jha, Sheel Bhadra Jha and Kaushal Kr. Jha.
For the respondents: Mr. S.D. Yadav (for State); M/s. Ajiteshwar Pd. 'Jittu', Deepak Dayal & Mrs. Kiranbala Sahay (for Bihar State Hindu Religious Trusts Board); Mr. A.C. Nirankar (for private resp. no. 6.)

JUDGMENT

Mishra, J.

Since the pleadings are complete, this writ application is being disposed of with consent of the parties at the admission stage itself. In this writ application, the petitioner has challenged the validity and correctness of the order, dated 21.6.1997 passed by the respondent Chairman, Bihar State Hindu Religious Trusts Board, Patna (hereinafter referred to as 'the Board') by which in purported exercise of power under section 33 of the Bihar State Hindu Religious Trusts Act, 1950 (hereinafter referred to as 'the Act') respondent no. 6, Satya Narayan Yadav, has been appointed as the Managing Trustee of Shri Shyamlal Trust, Khagaria, and also for quashing of the order, dated 21.10.97 passed by the respondent District Magistrate, Khagaria, whereby the respondent Sub-divisional Officer, Khagaria, was directed to ensure the making over charge of the Trust, in question, to the newly appointed Managing Trustee, Shri Satya Narayan Yadav, respondent no. 6 one copy of each of the aforesaid order is made Annexures-5 and 9, respectively, to the writ application.

2. The facts of this case, as made out in the pleadings, are as follows. One Shyam Lal Sahu, who was issueless, for t






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