S. KUMAR
Shri Shitala Mata Mandir – Appellant
Versus
Bihar State Religious Trust Board – Respondent
JUDGMENT
S Kumar, J. - Heard the parties.
2. These miscellaneous appeals have been filed for setting aside the judgment and order dated 3.7.2014 passed in Miscellaneous case No. 86 of 2012 and Miscellaneous Case No.12 of 2007 passed by learned District Judge, Patna dismissing the miscellaneous cases filed by appellants under Section 32(3) of Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as "the Act".
3. According to appellants, Temple of Shri Sheetla Mata is situated from time immemorial and since time immemorial worship and management of temple is being performed by family members privately and individually over plot nos.533, 534, 537, Khata No.121 comprising an area of 13 kathas 9 dhurs and 5 dhurkies in Agamkuan, Patna and over plot no. 534, measuring 3 kathas, 6 durs, 7 dhurki Sheetla Mata Mandir is situated.
4. On 16th February, 1911, cadastral survey was finally published and name of Chamru Lal Bhagat, ancestor of appellants was entered in the khatiyan as Shebait. In the year 1933, Chamaru Lal Bhagat died and his sons became Shebait and in the year 1947 Lal Babu Mali and Bangali Mali became Shebait of the Temple.
5. Temple in question is private temple and ha
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