IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.1091 of 2007
KRISHNA MURARI PRASAD AGED ABOUT 65 YEARS SON OF LATE
KAMTA PRASAD, SEBAIT THAKUR RUKAMINI NATH JEE DEITY
ASTHAPIT MANDIR SHERGHATY AT MOHALLA HATIA, P.O. & P.S.
SHERGHATY, DISTRICT GAYA, RESIDENT OF VILLAGE AMARUT,
P.O. AMARUT P.S. DOHBI, DISTRICT GAYA.
Versus
1. THE STATE OF BIHAR
2. BIHAR STATE BOARD OF RELIGIOUS TRUST, BIDYAPATI MARG,
PATNA THROUGH ITS CHAIRMAN, BIHAR STATE BOARD OF
RELIGIOUS TRUST, VIDYAPATI MARG, PATNA-800001.
3. THE CAHIRMAN, BIHAR STATE OF RELIGIOUS TRUST, VIDYAPATI
MARG, PATNA-800001.
4. THE SUB-DIVISIONAL MAGISTRATE, CUM EXECUTIVE OFFICER
CUM TEMPORARY TRUSTEE OF SRI THAKUR RUKMINI NATH JEE
TRUST BOARD, SHERGHATTY, DISTRICT GAYA.
5. THE STATE OF BIHAR THROUGH S.D.O. SHERGHATY, DISTT.
GAYA.
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02. 01.12.2010 Heard learned counsel for the petitioner, the Bihar State
Board of Religious Trust(hereinafter referred to as the Board) as also
the Administrator of the Board.
2. Petitioner is aggrieved by the order dated 2.12.2006,
Annexure-8 passed by the Additional District Judge, Fast Track
Court-II, Gaya, whereunder learned Additional District Judge has
refused to stay the operation of order dated 6.12.2005 contained in
Annexures-4, 4/A to this application, whereunder the then Chairman
of the Board had declared the petitioner trust as public trust and
directed the Sub-Divisional Officer, Sherghati, Gaya to take
possession of the trust. Perusal of order dated 6.12.2005 does not
indicate that the then Chairman of the Board having perused the
endowment deed declared the petitioner trust to be a public trust.
3. Having heard counsel for the parties, I direct the present
Administrator of the Board to peruse the endowment deed as also
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other relevant documents and record appropriate finding in the mater,
for which purpose 15.12.2010 is fixed as the date for hearing, on
which date the representative of the trust along with Sri Rudra Deo
Kumar Sinha, Advocate shall appear in the office of the trust at 3.30
p.m.
4. With the observation and direction aforesaid, the writ
application is disposed of.
(V.N. Sinha, J.)
Rajesh/