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HARISH KUMAR
Vishnu Kant Das – Appellant
Versus
Bihar State Board of Religious Trust – Respondent
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
The position of Sarvarakar is not inheritable and requires legal appointment, especially under established public trust regulations.
A suit seeking mere declaration is not maintainable when the State has taken possession of unclaimed property; possession must be requested as per S.42 of the Specific Relief Act.
A pujari's role does not confer ownership rights over temple property, which vests in the deity and is managed by the State.
The court held that leasehold rights are protected and cannot be violated without due process, stating that the property cannot be declared escheated without a legal basis.
The main legal point established is the finality of litigation and the legal certainty conferred by the judgment and decree in favor of the petitioner, along with the award from the Permanent Lok Ada....
A Marfatdar cannot alienate properties of deities without statutory permission; absence of necessary parties renders the suit non-maintainable.
The suit for title over property belonging to deities is non-maintainable if necessary parties are not joined, and alienation of such property requires statutory permission.
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