IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.400 of 2004 MAHANTH RAGHUBIR DAS, CHELA LATE MAHANTH JAMUNA DAS, ISHAPUR THAKURBARI, VILLAGE- ISHAPUR, P.S.-VIDYAPATINAGAR, DISTRICT- SAMASTIPUR. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. BIHAR STATE HINDU RELIGIOUS TRUST BOARD, PATNA THROUGH ITS CHAIRMAN. 3. THE CHAIRMAN, BIHAR STATE HINDU RELIGIOUS TRUST BOARD, PATNA. 4. THE INSPECTOR, BIHAR STATE HINDU RELIGIOUS TRUST BOARD, PATNA. 5. THE ANCHALADHIKARI, VIDYAPATINAGAR, SAMASTIPUR. 6. RAM SAGAR ROY, EX-SARPANCH, MEMBER, BAZAR SAMITI, DALSINGSARAI. 7. RAJENDRA DAS, MAHABIR STHAN, DALSINGSARAI, SAMASTIPUR. 8. SRI SHIV SHANKAR RAI, VILLAGE AND P.O.- BANGARAHA, SAMASTIPUR. 9. SRI RAM SEWAK RAI, ADVOCATE, VILLAGE AND P.O.-SIMRI, DISTRICT-SAMASTIPUR. 10.SRI RAM BILASH RAI (BINOD), MEMBER, ZILA PARISHAD, SAMASTIPUR. 11.SRI RAMJI DAS, PUJARI, VILLAGE AND P.O.- SIMRI, DISTRICT-SAMASTIPUR. 12.SRI RAM UDGAR MAHTO, VILLAGE AND P.O.- SIMRI, DISTRICT-SAMASTIPUR. 13.SRI UMESH MANJHI, MEMBER, PANCHAYAT SAMITI, VILLAGE AND P.O.-ALAMPUR, SAMASTIPUR. 14.SRI RAMASHISH RAI, VILLAGE-SHERPUR, P.O.- SIMRI, SAMASTIPUR. 15.SRI ARJUN RAI, VILLAGE-HALIMPUR, P.O.- BANGARAHA, SAMASTIPUR. ……………RESPONDENTS. ----------- For the Petitioner :Mr.Prashant Vedasen, Adv. For Resp. 2 to 4 :Mr.Shekhar Singh, Adv. ------------ 10 28.06.2010 In this writ application petitioner has challenged a notification issued by Bihar State Religious Trust Board, as contained in Annexure-1, by which, the petitioner has been removed from the trust as temporary trustee 2 and a Committee has been constituted. The ground of the petitioner for challenging the notification is that before his removal he was not heard in the matter, although in response to the show cause notice he had filed his show cause in the Board on 30.01.2003 as evident from Annexure-5. The existence of the show cause on records is not denied by learned counsel for the Board. In the circumstances, this Court feels it appropriate that the Board should give a hearing to the petitioner and then should pass fresh orders in the matter. Therefore, this writ application is disposed of with a direction to the Board to fix up a date for appearance and hearing of the petitioner within two months from the date of receipt/production of a copy of this order. After hearing the petitioner the Board shall pass fresh orders in respect of the trust in question. The order must be passed within one month from the date of appearance of the petitioner. If the order is not passed within the time frame fix by this Court, the order, as contained in Annexure-1, shall stand quashed from the next date of 3 completion of one month from the date of appearance of the petitioner, otherwise the fresh orders passed by the Board shall come into operation. If after due notice the petitioner does not appear before the Board on the date fixed the Board will be at liberty to consider his show cause dated 30.01.2003 as available on record and pass appropriate orders within the time frame fix by this Court. Arvind/ ( J. N. Singh, J.)