Bihar State Board of Religious Trusts vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 680

IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJIV ROY, J.
CWJC No.2362 of 2016
(25.7.2023)
Bihar State Board of Religious
Trusts ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates appeared:
For the Petitioner: Mr. Ganpati Trivedi, Sr. Adv.
For the State : Mr. Manoj Kumar Sinha.
For the Resp. Nos. 7 to 9 : Mr. Nagendra Rai.
For the Resp. Nos. 3to 9 : Mr. Koshalendra Rai.

Headnote:
Bihar Religious Trust Act, 1950 – Section 44 read with Section 28(2)(j) – Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 – Section 9 – Transfer of land of Math – Irrespective of whether a permission has been taken/granted or not, land sold by land holder will be put in unit allotted to him/her while rest of land will be declared surplus – Whether permission taken or not, land has to be clubbed along with land allotted to land holder to the extent he/she is entitled to – It was not a case of conversion but simple alienation of land – Circle Officer had no authority to include crops grown on agricultural land of respondents and auction the same – No error in reasoned order passed by Bihar Land Tribunal – Writ Petition dismissed. (Paras 60, 61, 62, 65 and 66)

Rajiv Roy, J. – Heard Mr. Ganpati Trivedi, learned Senior Counsel for the petitioner as also Mr. Nagendra Rai, learned counsel who represents the respondent nos. 7 to 9, Mr. Navin Nikunj and Mr. Koshalendra Rai, learned counsel for the respondent nos. 3 to 6.

2. The writ petition has been preferred by the Bihar State Board of Religious Trust (henceforth for short ‘the Trust’) for quashing of the order dated 15.06.2015 passed by the Chairman, Bihar Land Tribunal, Patna (henceforth for short ‘the Tribunal’) in B.L.T. Case No. 769 of 2013 by the which the order dated 29.08.2013 passed by the Chairman-cum-Member, Board of Revenue, Bihar Patna in Ceiling Revision No. 04 of 2013 as also the order dated 09.10.2012 passed by the Collector, Gopalganj in Ceiling Case No. 02 of 2010 were set aside.

3. The matrix of facts giving rise to the present petition is/are as follows: –

4. ‘The Trust’ has been established by the Government of Bihar with the aim and object to protect and preserve the religious places/trust as also its properties.

5. The Madhopur Math in the district of Gopalganj is a Public Religious Trust having landed property amongst other in the village-Madhopur under the circle, Barauli in the district of Gopalganj.

6. One Mahant Kishore Das, the then Mahanth of Madhopur Math preferred an application before ‘the Trust’ on 02.01.1975 seeking permission to sell eight (8) ‘Bighas’ of land for liquidating the loan borrowed by him, for meeting the expenses as also for purchasing oxen and doing necessary repair works.

7. Pursuant thereto, ‘the Trust’ gave sanction for selling four (4) ‘Bighas’ of land with a direction to utilize the same to liquidate the mortgage debt and the same was communicated to Mahanth Kishore Das on 13.03.1975.

8. Accordingly, Mahanth Kishore Das sold four (4) ‘Bighas’ of land on 21.03.1975, the details of which are as follows: –

Khata No.	Plot No.	Area
B-K-D 64	14	0-05-18
	15	01-05-03
	452	02-08-19
	Total	4-00-00

9. Subsequently, the lands were also mutated in favour of the new purchaser.

10. Land ceiling proceeding with respect to the property of Math was going on and as the contents, Mahanth Kishore Das had not taken any previous permission of the Collector for selling the four (4) ‘Bighas’ of land.

11. Mahanth Kishore Das in the meantime died and was replaced by his ‘chela’ Ram Kishore Das.

12. Later upon knowledge that sale proceeds were not used for the purpose the sanction was given, vide letter no. 6827 dated 06.12.1979 ‘the Trust’ directed the next successor to get the land recovered.

13. Meanwhile a Title Suit No. 114 of 1988 too come to be preferred before the Court of learned Special Judge, Gopalganj by Mahanth Ram Chandra Das in collusion that his ‘chela’ Mahanth Bikhari Das claiming right, title and interest in the properties of the Math which included the land in dispute.

14. A Ceiling Case No. 01 of 1992-93 was initiated against Madhopur Math, Mahanth Ravi Chandra Das in which one unit of Class-1 land, (an area of 19 acres 12 decimals) were allotted to the Math and rest 14 acres 16 decimals were declared surplus. The surplus land also included the lands transferred in favour of the family of respondent nos. 7 to 9.

15. The gazette notification under Section 11(1) and Section 15(1) of the Ceiling Act was published on 01.01.1994.

16. Challenging the said gazette notification, Mahanth Bikhari Das (‘chela’ of Mahanth Ramchandra Das) preferred CWJC No. 1460 of 1996 before the Patna High Court with the prayer that the lands which has been transferred in favour of the private respondents has to be adjusted in the ceiling unit allotted to the Math.

17. The writ application was dismissed which followed L.P.A. No. 1324 of 1997 and the same was disposed off giving liberty to the appellant to move before the Collector and file objection. Accordingly, the objection was pref