Supersession of a religious trust committee must comply with statutory provisions; failure to do so renders the action arbitrary and subject to judicial review.

JUDGMENT :

(Sanjay Kumar Dwivedi, J.)

Heard Mr. Abhay Kumar Mishra, learned counsel for the petitioners, Mr. Sachin Kumar, learned counsel appearing on behalf of the State through Video Conferencing, Mr. Ajit Kumar, learned senior counsel for the Respondent No.2 and Mr. Sumit Prakash Learned counsel for the respondent no.5.

2. At the outset a preliminary objection was made by Mr. Ajit Kumar, learned senior counsel for the respondent no.2 with regard to maintainability of the writ petition in the light of provision made under section 29 of the Jharkhand Hindu Religious Trust Act. He submits that only appeal can be maintained before the learned District Judge. This objection will be dealt with by this Court later on in the judgment.

3. The prayer in the writ petition is made for quashing the Notification No. 1204 of 2023 dated 11.09.2023 issued under the signature of the respondent no.2 whereby a validly constituted committee which is running the Pahari Mandir Temple without any rhyme or reason was substituted by invoking the section 29 of the Bihar (Jharkhand) Hindu Religious Trust Act, 1950 which was headed by the Deputy Commissioner, Ranchi. Further prayer is made for quashing the show-cause notice dated 08.07.2023.

4. Mr. Abhay Kr. Mishra, learned counsel for the petitioner submits that Pahari Mandir was being maintained by a Committee headed by Deputy Commissioner, Sub-Divisional Officer and other members in the light of byelaws made under the Society Registration Act and the said society was also registered under the Society Registration Act contained in annexure-6. He further submits that the petitioners are members of the said Society and to buttress this argument he refers to Annexure-10 and the membership contained in annexure-5. He then submits that the member of the society are Deputy Commissioner, Ranchi, Senior Superintendent of Police, Ranchi and Sub-Divisional Officer, Ranchi and other distinguished members including Managing Director of the Public Undertakings. He further submits that the said committee was taking all care of the said Ranchi Pahari Mandir. He then submits that in the year, 1908 the King of Palkot has made a gift to the then Commissioner and thereafter Palkot Park was established and later on the hill which was in dilapidated condition was developed after independence as there was only small shivling and in 1857 during the 1st War of Independence the freedom fighters were hanged on the “Fansi Tungri”. He further submits that after the independence on 15 August, 1947 as mark of independence the devotees and the freedom fighters started hoisting National Flag and they also started to re-construct the dilapidated temple which was developed by the superseded committee being known as Ranchi Pahari Mandir Vikas Samiti. Learned counsel for the petitioner further submits that 1st Committee of Ranchi Pahari Mandir Vikas Samiti was notified vide memo dated 30.07.1992 and subsequently on 22.06.1993 the Adhoc Committee was notified thereafter the committee was working effectively and with utmost perfection of the people/devotees. He submits that whenever land sliding had happened in the Pahari Mandir in the year, 2009 from the south and that Samiti has taken all steps and all measures were taken and land sliding was protected. He then submits that has happened due to district administration as Deputy Commissioner and other higher officials of the district administration were in the Committee. Thereafter further steps have been taken for development of the Pahari Mandir. He submits that renovation work was also made for the facilities of the devotees and staircases were made. He then submits that proposal was moved for registration by the people and devotees for the Pahari Mandir to make out the day to day problems under the Society Registration Act and pursuant to that registration was made in the year, 2011-2012. By way of referring the provisions made in the bye-laws he submits that always the Deputy Commis