High Court Patna High Court

Gautam Pandey @ Gudari Pandey vs Bihar State Religious Trust Bo on 13 July, 2010

Patna High Court
Gautam Pandey @ Gudari Pandey vs Bihar State Religious Trust Bo on 13 July, 2010
Author: Navin Sinha
           CIVIL WRIT JURISDICTION     CASE No.6903 OF 1994

         In the matter of an application under Articles 226 and 227
         of the Constitution of India.
                                       ----

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.