Back
HIGH COURT OF PATNA
Chy. S.N. Mishra, J.
Tej Bahadur Verma, Managing Trustee of Sri Shyam Lal Rashtriya Vidyalaya Trust Board, Khagaria. - Petitioner
vs.
The State of Bihar and 6 ors. – Respondents
C.W.J.C. No. 10554 of 1997
Decided On : 18.5.1998
BIHAR STATE HINDU RELIGIOUS TRUSTS ACT, 1950 - SECTION 33 - APPOINTMENT OF TEMPORARY TRUSTEE - POWER OF THE BOARD TO APPOINT A TEMPORARY TRUSTEE - CONDITIONS PRECEDENT - REMOVAL OF MANAGING TRUSTEE - VACANCY IN THE OFFICE OF TRUSTEE - DISPUTE AS TO THE RIGHT OF ANY PERSON TO ACT AS TRUSTEE - LIKELIHOOD OF BREACH OF PEACE OR SERIOUS INTERFERENCE WITH THE MANAGEMENT OF THE PROPERTY OF SUCH TRUST - INTERPRETATION AND APPLICATION.
Fact of the Case:
The petitioner, Tej Bahadur Verma, was appointed as the Managing Trustee of the Shyam Lal Rashtriya Vidyalaya Trust, Khagaria, by the Board of Trustees in accordance with the Scheme framed by the founder Trustee, Shyam Lal Sahu. The respondent Board, in purported exercise of its power under section 33 of the Bihar State Hindu Religious Trusts Act, 1950, appointed respondent no. 6, Satya Narayan Yadav, as the Managing Trustee on the basis of an application filed by him.
Finding of the Court:
The court held that the impugned order passed by the respondent Board was illegal and without jurisdiction as there was no vacancy in the office of the Managing Trustee and the petitioner had not been removed from the post in accordance with the provisions of the Act. The court also held that the school in question, prima facie, did not come within the definition of a Religious Trust as defined in section 2(1) of the Act.
Issues: 1. Whether the respondent Board had the power to appoint a temporary trustee under section 33 of the Act in the absence of a vacancy in the office of the Managing Trustee and without removing the petitioner in accordance with the provisions of the Act? 2. Whether the school in question came within the definition of a Religious Trust as defined in section 2(1) of the Act?
Ratio Decidendi: The court held that section 33 of the Act could only be resorted to by the Board in the event of a vacancy in the office of the trustee, a bona fide dispute as to the right of any person to act as trustee, likelihood of breach of the peace or serious interference with the management of the property of the trust, or vacancy caused by an order of the Board passed under section 28(2)(h) of the Act. In the present case, none of these conditions were satisfied and, therefore, the Board had no power to appoint a temporary trustee.
Final Decision: The court quashed the impugned order passed by the respondent Board appointing respondent no. 6 as the Managing Trustee of the Trust.
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 the purpose of the benefit of the general public and in order to maintain his own reputation, expressed his desire to establish a Middle School for the benefit of the general public in the locality. Accordingly, he executed two deeds of gift- one in January, 1910 and another, subsequently, on 22nd December, 1916, dedicating his entire properties for the establishment and maintenance of a Middle School at Khagaria. In the first deed of gift, it has been envisaged that the same had been executed for the purpose of management of the said school. It has been alleged in the scheme itself that there will be a Board of Trustees comprising of 13 members to manage and look after the day-today administration of the school and he himself appointed as a Managing Trustee. By the subsequent deed of gift, dated 22nd December, 1916, he has donated his entire properties to the said Middle English School, Khagaria. A copy of the said deed of gift is Annexure-1 to this writ application. According to the terms and conditions mentioned in the deed including the management of the school, in question, the said Shyam Lal Sahu continued as the Managing Trustee of the Trust for his whole life and after his death, other members of the Trust were appointed Managing Trustee in terms of the Scheme and the last one was the petitioner, Tej Bahadur Verma, who was appointed by the Board of Trustee in its meeting, dated 17.3.1996, strictly in accordance with the terms and condition of the deed of gift. It is mentioned in the deed of gift itself that after the death of the executant, the managing trustee shall be appointed by the members of the Trust by a majority decision. A copy of the resolution, dated 17.3.1996, is made Annexure-2 to this writ application. The petitioner is managing the affairs of the school since his appointment as Managing Trustee. The respondent Board by its letter, dated 21.4.1997, has directed the Ex-Managing Trustee, namely, Ram Udit Sahu to submit the budget of the school within the time mentioned therein. A copy of the said letter is made Annexure-3 to this writ application. Pursuant to the notice aforesaid, the Ex-Managing Trustee, Ram Udit Sahu, has sent a letter to the Board on 25.4.1997 stating, inter alia, that Shri Shyam Lal Rashtriya Vidyalaya Trust is out and out a private Trust and, as such, it does not come within the mischief of the provisions of the Act. A copy of the said letter is made Annexure-4 to this writ application. Surprisingly, all of a sudden, the respondent Board, in purported exercise of its power under section 33 of the Act, has appointed respondent no.6, Satya Narayan Yadav, as Managing Trustee on the basis of the application filed by the said Satya Narayan Yadav on 30th of May, 1997. The Respondent no. 3, the Special Officer of th
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
