IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3128 of 2002 MAHANTH ACHYUT PRAPANNA RAMANUJ DAS, CHELA OF LATE MAHANTH RAGHAV PRAPANNARCHARYA ALIAS RAGHAV PRAPANNA RAMANUJ DAS, RESIDENT OF AT AND P.O. BASAON KALAN, P.S. SIKRAUL, DISTRICT BUXAR ……PETITIONER. Versus 1. BIHAR STATE BOARD OF RELIGIOUS TRUST, VIDYAPATI ROAD, PATNA THROUGH ITS PRESIDENT 2. THE PRESIDENT, BIHAR STATE BOARD OF RELIGIOUS TRUST, VIDYAPATI ROAD, PATNA 3. THE SUPERINTENDENT, BIHAR STATE BOARD OF RELIGIOUS TRUST, VIDYAPATI ROAD, PATNA 4. THE EXECUTIVE ASSISTANT SUPERINTENDENT, BIHAR STATE BOARD OF RELIGIOUS TRUST, VIDYAPATI ROAD, PATNA 5. THE SUB DIVISIONAL OFFICER, DUMARAON, DISTRICT BUXAR, EX- OFFICIO CHAIRMAN 6. THE CIRCLE OFFICER, ITARHI, DISTRICT BUXAR, THE EX OFFICIO VICE CHAIRMAN 7. SHRI SIDHNATH SINGH YADAV, EX TEACHER, VILLAGE ORAIKHURD, P.O. BASAONKALA, DISTRICT BUXAR, SECRETARY 8. SHRI ARVIND KUMAR MISHRA, ADVOCATE, PATNA HIGH COURT, DEPUTY SECRETARY 9. THE OFFICER-IN-CHARGE, SIKRAUL, DISTRICT BUXAR, EX-OFFICIO MEMBER 10. SHRI RAMA KANT PANDEY, RESIDENT OF VILLAGE BASAON KALA, DISTRICT BUXAR MEMBER 11. SHRI SHYAMJI TIWARI, RESIDENT OF VILLAGE AND P.O. BASAON KALA, DISTRICT BUXAR, MEMBER 12. SHRI SHIV BACHAN SINGH, RESIDENT OF VILLAGE AND P.O. BISI KALA, DISTRICT BUXAR, MEMBER 13. SHRI S. HARIJAN, RESIDENT OF VILLAGE AND POST OFFICE BASAON KALA, DISTRICT BUXAR, MEMBER 14. SHRI LALAN SAHU, UP-MUKHIYA, RESIDENT OF VILLAGE AND POST OFFICE BASAON KALA, DISTRICT BUXAR, MEMBER 15. SHRI TRIVENI MISHRA, RESIDENT OF VILLAGE AND POST OFFICE JIGANA, DISTRICT BUXAR, MEMBER 16. SHRI RAM NARAIN SAHU, RESIDENT OF VILLAGE AND POST OFFICE BASAON KALA, DISTRICT BUXAR, MEMBER ………RESPONDENTS. ----------- 6. 27.4.2009 Heard Mr. Kamal Nayan Choubey, learned Senior Counsel for the petitioner and Mr. Siddhishwari Prasad Singh, learned Senior Counsel for the respondent no.7 as also Mr. Shekhar Singh, learned Counsel for the Bihar State Religious Trust Board. 2 In this writ application though a challenge was made to a scheme framed under Section 32 of Bihar Hindu Religious Trust Act, hereinafter referred to as the Act, dated 5.2.2002 but as the same had immediately thereafter been stayed by the Board itself vide an order dated 27.3.2002, the petitioner was not a looser in any respect. The said stay order dated 27.3.2002 of the Board is still in operation as would also appear from counter affidavit filed by the Administrator of the Board enclosing orders dated 27.3.2002 and its being reiterated in the letter dated 8.8.2006, Annexure S/1 and S/2 thereof. The question now as to whether the Board was competent to frame a scheme or whether the Board was satisfied that no such scheme was required in view of the stay of the scheme made in the very beginning as noted above, must be left to discretion of the Board which has admittedly got statutory powers to decide the fate and future of a religious trust in accordance with the provisions of this Act. Be that as it may, as the Board itself accepts that the impugned scheme under Section 32 of the Act dated 5.2.2002 (Annexure 5) was never allowed to become functional in its letter and spirit, this Court must hold that this writ application has become infructuous and is disposed of in the aforementioned terms. Narendra/ ( Mihir Kumar Jha, J. )