Purnendu Singh, J. – Heard Mr. Kamal Nayan Chaubey, learned senior counsel along with Mr. Alok Agrawal and Mr. Amar Jyoti Sharma, learned counsel appearing on behalf of the petitioner; Mr. Manoj Kumar Sinha, learned AC to SC-19 for the State; Mr. Ganpati Trivedi, learned senior counsel for the Bihar State Religious Trust Board and Ms. Mahasweta Chatterjee, learned counsel along with Mr. Rajiv Singh, learned counsel for the respondent no.9.

2. The petitioner has filed the writ petition for the following reliefs: –

“(i) For issuance of appropriate writ in the nature of certiorari for setting aside order dated 06.06.2022 whereby and whereunder the Bihar Religious Trust Board was pleased to remove the petitioner from the post of Mahanth and appoint the petitioner as Patron of the Bodh Gaya Math in a proceeding initiated vide Letter No. 89 dated 09.04.2021 on the basis of false complain filed by persons whose interest are adverse to the interest of the Bodh Gaya Maath.

(ii) For issuance of appropriate writ in the nature of Mandamus, commanding the respondents for forming and independent probe-committee since the enquiry committee formed by order dated 27.07.2021 suffers from the conflict of interest.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petition may be found entitle in the facts and circumstances of the case.”

3. Briefly stated facts of the case are that the Bodh Gaya Math situated at Bodh Gaya saw a long battle between the Mahant of the Math in question with regard to the nature of the Trust and its properties. An information has been given on behalf of the respondent nos. 2 and 3 that on the basis of a compromise before the Hon’ble Supreme Court in SCA No. 66 of 1955, it has been held that the provisions of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as the “Act, 1950”) will be made applicable to the Math in question. The Mahant of the Math is / are appointed in terms of the condition of a registered deed dated 13.02.1932 and the Board accordingly recognized the Mahant so appointed. One amongst the other Mahant namely Mahant Sudarshan Giri who was a recognized Mahant by the Board had died on 29.10.2013 and upon the death of the Mahant Sudarshan Giri, the seat of the Mahant fell vacant. The present petitioner has claimed before the Board to declare him Mahant in want of any claimants and the Board took decision contained in Memo No. 2185 dated 20.02.2014 by appointing the petitioner as temporary trustee of the Math. The petitioner was never recognized as Mahant of the Math in question. On the other hand, one Triveni Giri–respondent no.9 filed several complaints apprising mismanagement of the Board’s property at the hands of the petitioner. The Administrator of the Board at that point of time had requested the District Magistrate to hold an inquiry with respect to the charges levelled against the petitioner. The District Magistrate got the matter inquired by the Additional Collector, Gaya vide Letter No. 5159 dated 03.07.2018 that illegally lands belonging to the Math were sold which required constitution of a committee for better administration of the Trust. In this connection, a Letter No. 5159 dated 03.07.2018 has been brought on record by way of Annexure-C to the counter affidavit filed on behalf of respondent nos. 2 and 3. The Board issued show cause notice to the petitioner to explain the charges levelled against him and simultaneously by that time the Board became functional and President of the Board requested the Regional Trust Committee in exercise of power under Section 40 of the Act to submit an enquiry report with respect to the Math in question along with the other temple trusts. The report was submitted with respect to the trust in question by the Regional Trust Committee and the President considering the report found it necessary to protect the properties of the Math and took decision contained in Memo No. 1747 dated 31.10.2