CAV JUDGMENT

Date :14-03-2024 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent nos.5 to 12.

2. This writ application has been filed for the following relief(s):-

“(i) To quash the alleged Office order, if any, purported to have been passed by the respondent no.3 as S.D.O., Rosera and as published in Dainik Jagran Newspaper dated 18.07.2018 whereby the petitioner and other bonafide Trustees have been restrained from entering into School Campus and his quarter located therein and administerin the Sundari Devi Saraswati Vidya Mandir High School, Bataha.

(ii) To quash the alleged order if any purported to have been passed by the Respondent No.3 as SDO Rosera and as published in Newspaper Prabhat Khabar dated 28.07.2018 in pursuance of which the School was opened on seven conditions and incharge Principal was deputed.

(iii) The Respondent No. 1 and 2 be directed to provide Police protection to the Petitioner and to ensure the implementation of the Resolution dated 09.07.2016/18 duly passed by the Board of Trustees of Ram Krishna Education Trust in relation to the administration of the School.

(iv) The Respondents Ist and IInd set be prohibited from interfering with the function of Petitioner as Chief Trustee of the Trust and to administer the smooth and proper functioning of the said School in any manner whatsoever who are members of the Trust and advisory body only by issuing proper direction in this behalf.

(v) Any other relief or reliefs be also granted to the Petitioner.”

3. The brief facts of the case is that one Dr. Ram Swaroop Mahto, s/o Ram Krishna Mahto, Resident of Village-Batah, P.O. Udaipur, P.S.-Rosera, District-Samastipur was a renowned Medical Practitioner of his time. He was married to Smt. Nirmala Devi who out of the wedlock gave birth to a female child only. He named his daughter Binita Kumari and got her married with Dr. Nand Kumar Singh (the petitioner). He had considerable landed properties at Village-Bataha and after some time migrated to United Kingdom for his better professional career and after some time he became citizen of England. He got job there and married with an English Lady named Janet in England but he used to visit India regularly. Dr. Mahto decided to do benevolent work for the upliftment of education in his village and locality and as such he created a Private Trust on 07.03.1995 in the name and style "Ram Krishna Education Trust" in the memory of his father, by creating original corpus of Rs.11000/- out of his own fund and in this behalf he executed a registered Deed of Trust.

4. He nominated total eight persons in the Trust Deed to act as Trustees of the Trust and he himself became the life long Chief Trustee, by virtue of being the Author of the Trust. He decided to donate land to the Trust and also assured to generate fund for the Trust by his personal donation as well as donations collected from other donors in India and abroad. Dr. Mahto as author of the Trust nominated Sri Ramendra Rai as Secretary, Sri Harihar Mahto as President and Sri Arun Kumar as Treasurer of the Trust and they were authorized to open account in Canara Bank Branch Kadam Kuan in the name of the Trust. He himself became life long Trustee or his any representative in India. Dr. Mahto in furtherance of the objective of the Trust decided to start a residential School of Boys and Girls in his village home upto Class X in the name and style "Sundari Devi Saraswati Vidya Mandir" in the memory of his Late Mother Sundari Devi. In order to establish the said School, Dr. Mahto donated his entire land except residential House and homestead land of Bataha and also purchased some land from his co-villagers through registered sale deeds in the name of Trust.

5. Thereafter, Mr. Ramendra Rai, in the capacity of the Secretary of the Trust leased out land measuring 9.60 Acres to the School named above by a registered deed of lease dated 07.01.2006 for 95 years on a nominal rent of