CIVIL WRIT JURISDICTION CASE No.6903 OF 1994
In the matter of an application under Articles 226 and 227
of the Constitution of India.
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GAUTAM PANDEY @ GUDARI PANDEY SON OF LATE RAM NATH PANDEY
RESIDENT OF VILLAGE MANGOLAPUR, P.O. AND P.S. JALALPUR,
DISTRICT-SARAN …….. PETITIONER.
Versus
1. THE BIHAR STATE RELIGIOUS TRUST BOARD, PATNA THROGH ITS
CHAIRMAN
2. THE CHAIRMAN, BIHAR STATE HINDU RELIGIOUS TRUST BOARD,
PATNA
3. THE ADMINISTRTOR, BIHAR STATE HINDU RELIGIOUS TRUST
BOARD, PATNA
4. THE COMMITTEE CONSTITUTED IN PURPORTED EXERCISE OF POWER
UNDER SECTION 32 OF THE BIHAR STATE HINDU RELIGIOUS TRUST
BOARD ACT 1950 THROUGH ITS PRESIDENT HAVING AN OFFICE AT
MANGOLAPUR P.O. JALALPUR, DISTRICT SARAN-
RESPONDENTS
For The Petitioner : MR. MAHESH NARAYAN PARBAT
For The Respondents : MR. A.N.CHOUBEY
P R E S E N T
THE HON’BLE MR. JUSTICE NAVIN SINHA
THE HON’BLE MR. JUSTICE JYOTI SARAN
Navin Sinha &
Jyoti Saran,JJ. Heard counsel for the petitioner and the
respondents.
I.A.No.5957 of 2010 has been filed for
substitution of the original petitioner who is said to
have been deceased on 8.12.2002 by his legal heirs as
stated in para-2 of the application.
Mr. Choubey, appearing for the respondents submits
that he is not in a position to oppose the substitution
2
application in view of the order of the Civil Court that
the Trust was private in nature.
The substitution application is allowed. The
deceased petitioner is permitted to be substituted by his
legal heirs as stated in para-2 of the interlocutory
application.
Mr. Choubey, appearing for the Bihar State
Religious Trust Board, fairly submits that in a
subsequent suit filed by the petitioner it has been
declared to be a private Trust to which the provisions of
Hindu Religious Trust Act does not apply.
In that view of the matter, the impugned orders
dated 30.4.1988, 29.9.1989 and 1.4.1992 automatically
stand vitiated as being without jurisdiction. We do not
therefore consider it necessary to discuss further
issues. The impugned orders are accordingly quashed.
The writ application stands allowed.
(Navin Sinha,J.)
(Jyoti Saran.J.)
Patna High Court,
Dated, 13th July, 2010.
NAFR/ ahk.