Purnendu Singh, J. – Heard Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioner; Mr. Ganpati Trivedi, learned senior counsel assisted by Mr. Ritik Shah, learned counsel appearing on behalf of the respondent Board and Mr. Raj Kishore Roy, learned GP-18 for the State.

2. The petitioner has filed the writ petition for following relief(s) in paragraph no. 1, which inter alia is reproduced hereinafter: –

“a. For grant of an appropriate writ for quashing the order dated 05.12.2022 passed by the President, Bihar State Board of Religious Trusts appointing the Circle Officer, Sitamarhi as temporary trustee of Siddhashram @ Siddh Baba Ki Badi Kutiya under Section 33 of Bihar Hindu Religious Trusts Act (Act for short) for protection of the temple and the land of Siddhasharam and further directing the Sub-Divisional Officer, Sitamarhi to collect rental, etc. from the persons running coaching center, etc. in the premises of Siddhasharam and to spend the same for puja paath, etc. in the Aashram till appointment of a trustee or formation of a trust committee and directing the petitioner not to obstruct in such functioning of the Sub- Divisional Officer, Sitamarhi (Annexure-7).

b. For grant of an appropriate writ for quashing letter no. 4051 dated 28.02.2023 issued under the signature of Incharge Assistant Superintendent, Bihar State Board of Religious Trusts directing the petitioner and others not to interfare in the functioning of Sub-Divisional Officer, Sitamarhi in management of the trust in question (Annexure-8).

c. For grant of an appropriate writ for a direction to the respondents to desist from interfering with the functioning of the affairs of Siddhashram by the petitioner as its Mahant.”

3. Mr. Mrityunjay Kumar, learned counsel appearing on behalf of the petitioner submitted that nature of dispute is civil in nature and the Board has no jurisdiction to declare the title over the property, which was transferred in the name of the Guru of the petitioner namely, Siyaram Das @ Siddha Baba, long back by one ex-malik Nawab Sharafat Ali Hussain Khan by a registered gift, and the affairs of the temple is being carried out by the shebait of the temple, where they perform puja of idol of ‘Lord Ram Janki’.

4. Learned counsel further submitted that the Circle Officer, Dumra created the jamabandi of CSP No. 918 and 919 in the name of Hari Das on 24.03.1969. Mithila Sharan appointed his chela Hari Das as ‘Malik Mustakil’ through a registered deed dated 17.03.1972 on 17.03.1972. During Revisional Survey Operation, RSP No. 164, 165 and 166 were carved out from CSP No. 918 and 919 and the same were recorded in possession of Hari Das. Hari Das has been paying rent for the land to the State of Bihar.

5. He further submitted that Hari Das appointed his Chela Deonandan Das @ Dilip Das (petitioner) as the Mahant of the Aashram and he was given ‘Chaadar Pagdi’ as per Ramanandi Vaishnav Parampara on 07.08.2015. Mahant Hari Das had executed a deed of ‘Sabaitnama’ in favour of Deonandan Das with respect to Siddhashram Temple giving him all ‘Maalikana Haque’ on 18.02.2019. Mahant Hari Das was killed on 23.02.2021. The In-charge Assistant Superintendent of Bihar Board of Religious Trusts (hereinafter referred to as ‘the Board’) issued letter to the petitioner to appear before the Board and to put his case relating to encroachment upon the land of Siddhashram on 02.05.2022. The Board called for a report regarding management of the temple, etc. The Inspector of the Board had submitted his report on 05.12.2022. The President of the Board appointed the Circle Officer, Dumra as temporary trustee of the temple and directed the Sub-Divisional Officer, Sitamarhi to collect rental, etc. from the persons running coaching centres, etc. in the premises of Siddhashram and to spend the same in puja, paath, etc. of the temple on 05.12.2022. The In-charge Assistant Superintendent of the Board directed the petitioner not to obstruct in the functioning of the S