IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3587 of 2010
Mahanth Vikrama Das, son of Raksha Mishra, Chela Late Laxman Das,
R/o Vill. Lakhanipur, Jahari Dih Math, P.O.Haharpur, P.S. Paharpur,
district-East Champaran.
...... Petitioner.
Versus
1. The State of Bihar.
2. Kishore Kunal, Administrator-cum-Spl. Work Officer,
Bihar State Board of Religious Trust, Vidyapati Marg, Patna.
.... Opposite Parties.
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For the petitioner : Mr. S. K.Tiwary, Advocate.
For opposite party no.1 : Mr. Dhurendra Kumar, A.C. to S.C. 5.
For opposite party no.2 : Mr. Ganpati Trivedi, Advocate.
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11/ 15.12.2010 Heard learned counsel for the petitioner, learned
counsel for the State of Bihar as well as learned counsel for the
Bihar State Board of Religious Trust.
2. This petition has been filed by the writ petitioner for
initiating a proceeding of contempt against the opposite parties for
disobeying order dated 12.07.2010 passed in CWJC No.1592 of
2010.
3. The claim of the writ petitioner was that the
petitioner was falsely implicated in a case in which he was sent to
jail and the Bihar State Board of Religious Trust appointed Circle
Officer of Paharpur (East Champaran) as temporary Nyasdhari
(Trustee) vide order dated 14.12.2009 only for the period of
incarceration of the petitioner. He further claimed that petitioner
had been released and once the petitioner had been released, the
said order of the Board had come to an end and the Circle Officer
was no more Nyasdhari of the Trust and order dated 14.12.2009
lost its force.
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4. In the said circumstances, the writ petition was
disposed of by this court with a liberty to the petitioner to move
before the Bihar State Board of Religious Trust for an appropriate
order in accordance with law keeping in view the earlier order of
the Board dated 14.12.2009 and if the petitioner approaches the
Bihar State Board of Religious Trust within two weeks from that
date, the Board had to pass appropriate orders in accordance with
law within two weeks thereafter.
5. Learned counsel for the petitioner submits that in
view of order dated 12.07.2010 passed by this court, the petitioner
within the time allowed filed a representation dated 20.07.2010
before the Board, but no order to that effect was passed in
compliance of the order of this court. Hence, respondent no.2 has
violated the said order and has rendered himself punishable for
contempt of court.
6. Respondent no.2 has filed a show cause annexing
order dated 25.08.2010 (Annexure-B) issued under the signature of
the Chairman of the Bihar State Board of Religious Trust holding
that the earlier order of the Board dated 14.12.2009 has become
invalid, but this would not affect any proceeding which is initiated
against the petitioner with respect to allegations made against him.
Hence, learned counsel for respondent no.2 submits that the said
order has been complied although belatedly for which he has
tendered unqualified apology.
7. Thus, it is quite apparent that order dated 14.12.2009
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appointing Nyasdhari (Trustee) has been put to naught by
respondent no.2 himself and hence the petitioner has automatically
become the Nyasdhari (Trustee) of the trust in question. Hence, the
relief claimed by the petitioner has been granted to him.
Accordingly, this petition is disposed of with a direction to the
Circle Officer, Paharpur Anchal to hand over keys etc. of the trust
to the petitioner immediately.
8. However, it may be mentioned that there are some
allegations against the petitioner due to which some proceeding is
pending before the Bihar State Board of Religious Trust
(Annexures-C & D). This is a different matter unconnected with
the writ petition and order passed therein and hence the Board is
free to decide the said proceeding in accordance with law.
(S. N. Hussain, J.)
Sunil