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2017 Supreme(Jhk) 570

IN THE HIGH COURT OF JHARKHAND AT RANCHI
H.C. MISHRA, ANANDA SEN, JJ.
Atish Kumar Singh son of Sri Kapildeo Singh - Petitioner
Versus
The State of Jharkhand & Ors. - Respondents
W.P. (PIL). No. 1590 of 2017
Decided On : 07-06-2017

Advocate Appeared:
For the Petitioner:M/s Rajendra Krishna, Amit Sinha, Advocates
For the Respondents:M/s P.K. Sinha, K.P. Deo, Manish Kumar, Advocates, Mr. Jai Prakash, A.A.G.
For the Intervenor :Mr. Rajiv Ranjan, Sr. Advocate

Headnote:Constitution of India – Article 226 – Sections 2(d), 28(j) and 44 of Jharkhand Hindu Religious Trusts Act, 1950 – Public interest litigation was filed for enquiry to be conducted by the agency other than the state agency – property belonging to a Mandir trust and other actions of the trust what transferred – the property transferred was of belonging to a Deity and the transfer occurred by misrepresentation/fraud committed which was then judicially accepted by a judicial commissioner – held, any act which is prima facie illegal cannot be given a legal status by order of judicial commissioner – allegations made against the petitioners should be investigated in a serious manner – the properties of deity cannot be surrounded by people whose prime responsibility is to secure the deity – directions are issued to the CBI to take up investigation at the earliest and conclude the same – state should also take necessary steps to restore the land in favour of the deity. (Paras 5, 6, 8, 10, 11 to 15 and 17)

ORDER :

1. The petitioner, by filing this Public Interest Litigation, has prayed for an enquiry by an agency, other than the agency of the State, in the matter of alleged illegal transfer of property belongs to Shree Ram Janki Tapowan Mandir Trust and all other co-related actions of the Trust.

2. The case of the petitioner as it appears from the petition and the submission made, is that Shree Ram Janki Tapowan Mandir Trust is a Hindu Religious Trust and the deity is Sri Ram Jankiji. On 25.2.1948 a trust deed was executed by forming a trust for the purpose of maintaining the deity Shree Ram Jankiji and to manage the properties of the deity and the said Trust was known as “Shree Ram Janki Tapowan Mandir Trust” (hereinafter referred to as ‘the Trust’). Schedule A of the said Trust contains the details and the description of the several properties, which belongs to the said Trust. The aforesaid trust deed was a registered trust deed. On12.5.1987, the trust deed was re-constituted by cancelling the earlier deed and a fresh deed was registered. Again the said trust deed was reconstituted vide registered deed dated 20.9.2005 by cancelling the earlier trust deed dated 12.5.1987.

It is further case of the petitioner that by cancelling the earlier trust deeds and by executing a fresh deed on 20.9.2005, grave illegalities have been committed with a mala fide intention and the property of the deity is being squandered, misappropriated and was sold/transferred for personal benefits of few persons. As per the petitioner, the property belong to the deity and for managing and maintaining the same, the trust was formed and there was no provision in the original trust deed to transfer/sale the property of the deity. It is further case of the petitioner that with ulterior motive, the deed of 1987 has been cancelled and new deed of 2005 has been prepared only for the purpose of usurping the properties of the deity to facilitate illegal transfer of the land. He further submits that for private interest, the immovable properties of the religious trust are being sold and transferred by hatching a great conspiracy just to take away the properties of the deity.

The further case of the petitioner is that the trust in question has been endowed with landed properties in various locality of the District-Ranchi and after creation of the State of Jharkhand, Ranchi became its capital. With sole intention of misappropriating the landed property of the deity, the earlier deed was cancelled and new trust deed dated 20.9.2005 was registered incorporating new clauses, which is absolutely impermissible and amounts to breach of trust. This was done with an ulterior motive and with criminal intention. It is also submitted that by way of conspiracy, the approval was obtained by the Board of Religious Trust for conversion of the landed property of the trust and subsequently, an approval was also obtained from the learned Judicial Commissioner, Ranchi by suppressing material facts. It is also submitted that one Panna Lal Modi out of his free Will, transferred the landed property of 3 Bighas, 5 Kathas and 6 Chhataks in favour of Shree Ram Janki Tapowan Mandir Trust, Niwaranpur, Ranchi with respect to Plot No. 1800, Ward No. 3, Village-Niwaranpur, Ranchi. The said property was mutated in the name of Shree Ram Janki Tapowan Mandir, Niwaranpur, Ranchi, and purposely the word ‘Trust” was excluded. The Jharkhand State Hindu Religious Trust Board vide letter dated 13.6.2006 issued no objection in favour of Mahanth Ram Sharan Das, a Trustee of the said Trust for construction of Flats. Thereafter the plots and the properties were transferred to other persons, which is in utter violation of the trust deed and is against the wishes of the founder of the trust and by suppressing the original trust deed, approval was obtained from the learned Judicial Commissioner, Ranchi. It is also alleged that Mahanth Ram Sharan Das who is only one of the members of the Trust entered into various de






















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