JUDGMENT :

CHAKRADHARI SHARAN SINGH, J.

Section 28(2)(u) of Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as ‘the Act’) confers jurisdiction upon Bihar State Board of Religious Trust (hereinafter referred to as ‘the Board’) to decide all disputes whether any religious trust is a public trust or a private trust, in terms of the definition under Section 2(l) of the Act. Section 2(l) of the Act defines ‘religious trust’ as under :-

“2(l) “religious trust” means [and shall be deemed always to mean] any express or constructive trust created or existing for any purpose recognised by Hindu Law to be religious, pious or charitable, but shall not include a trust created according to the Sikh religion or purely for the benefit of the Sikh community and a private endowment created for the worship of a family idol in which public are not interest [and where public offerings and donations are not received].”

2. The dispute in the present matter relates to a temple of Shri Thakur Jee and Mahabir Jee in village Mojari in the district of Rohtas. The dispute as to whether the said Trust is a private or public is pending adjudication before the Board. It appears from an order of this