Harish Kumar, J. – Heard Mr. Y.V. Giri; learned senior counsel for the petitioner; Mr. Raj Kishore Roy, learned counsel for the State; Mr. Ganpati Trivedi, learned counsel for the Bihar State Board of Religious Trust; Mr. Neeraj Kumar, learned counsel for the respondents no. 10 to 12 and Mr. Ranjeet Kumar Mishra, learned counsel for the respondent no.15.

2. The challenge in the present writ petition is made to an order dated 22.02.2018 passed by the Collector, Madhubani, whereby the claim of the petitioner of he being successor of Mahant Ram Kishori Das and a Trustee of Sri Ram Janki Thakurbari (for short “Thakurbari”) stood rejected. The petitioner further sought a direction to issue a writ of prohibition restraining respondent no.3, the Collector, Madhubani from anyway interfering with the property of Thakurbari, situated at Tiwari Pokhar, Bhaura, Madhubani. Further to restrain the official respondents from distributing the land of Thakurbari to respondents no. 8 to 15 in lieu of acquisition of the land, treating the land of Thakurbari Trust as a government land by declaring it as escheat by the respondent/State in terms of provisions of Rule, 356 of the Bihar Board Miscellaneous Rules, 1958 (for brevity “the Rules 1958”).

3. The short facts, which led to the filing of the present writ petition, are that Sri Ram Janki Thakurbari situated at Tiwari Pokhar, Bhaura, Madhubani, is a Trust registered under the Bihar State Board of Religious Trust (hereinafter referred to as “the BSBRT”). One Mahant Ram Kishori Das was the Trustee of the Thakurbari. Mahant Ram Kishori Das, died leaving behind him the petitioner, who was his disciple/shebait and his legal successor and thus inherited and came in possession of Thakurbari and its property as Mahant duly recognized by the BSBRT. The petitioner since then has been continuously performing Pooja and maintaining the Thakurbari and also made renovation of it as shebait/legal successor, from the proceeds of landed property of the Thakurbari with the help and donation of other deities.

4. While the petitioner was peacefully performing Pooja and rituals, all of a sudden, the Collector, Madhubani issued letter dated 28.11.1979 to the Chairman of BSBRT, Patna, seeking information with respect to control of the estate of Late Mahant Ram Kishori Das, stating therein that Mahant Ram Kishori Das has died without nominating his successor, hence, there was no control upon the Thakurbari. The Board was also directed to intimate as to whether the Thakurbari was registered with the Board or not. If it was not registered, then what action is taken by the Board for management of Thakurbari after the death of Mahant Ram Kishori Das and if no steps are taken as yet, then the State Government will take control of it.

5. In response to the afore-noted letter, the Board vide its letter dated 19.12.1979, intimated that since the Board had no knowledge about the death of Late Mahant Ram Kishori Das, hence, there was no question of supervision of the Trust through the Board. The Superintendent of the Board, acknowledging the supervisory power of it over all religious trust in terms of Section 28(1) of the Bihar Hindu Religious Trusts Act, 1950 (for short “the Act, 1950”) requested the Collector, Madhubani to send the name of any government official to act as temporary Trustee.

6. It is the case of the petitioner that after correspondences noted hereinabove, no communication was made on the part of respondent no.3 and, all of a sudden, without there being any valid proceeding or public notice, the land of Thakurbari has been declared as escheat property.

7. Mr. Y.V. Giri, learned senior counsel representing the petitioner, adverting to the aforesaid facts, vigorously contended that the State, surprisingly, knowing very well that Thakurbari Trust is out-and-out a public Trust registered under the BSBRT, has arbitrarily treated the land of Thakurbari as a government land by virtue of alleged declaration of the land/estate