IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3738 of 2006 1. DR.PAWAN KUMAR AGARWALA, PRESIDENT OF BABU RAGHUNANDAN LAL TRUST EXTATE, R/O GOLAGHAT, P.O. NAYA BAZAR, P.S. TETARPUR, DIST. BHAGALPUR. 2. DR. ARUN KRISHNA DAS, SECRETARY OF BABU RAGHUNANDAN LAL TRUST ESTATE, R/O GOLAGHAT, P.O. NAYA BAZAR, P.S. TETARPUR, DIST. BHAGALPUR. Versus 1. THE STATE OF BIHAR 2. THE HINDU RELIGIOUS TRUST BOARD THROUGH ITS PRESIDENT VIDYAPATI MARG, PATNA. 3. S.D.O., BHAGALPUR. 4. SHYAM KISHUN AGARWAL, ITS SECRETARY OF BABU RAGHUNANDAN LAL TRUST, R/O GOLA GHAT P.O. CITY BHAGALPUR, P.S. TATARPUR, DIST. BHAGALPUR. 5. MUKUTDHARI AGARWAL, MEMBER OF BABU RAGHUNANDAN LAL TRUST, R/O GOLA GHAT P.O. CITY BHAGALPUR P.S. TATARPUR, DIST. BHAGALPUR. 6. SHYAM KISHORE DAS, MEMBER OF BABU RAGHUNANDAN LAL TRUST, R/O GOLA GHAT P.O. CITY BHAGALPUR P.S. TATARPUR, DIST. BHAGALPUR. For the petitioner : Mr. Jagannath Singh, Advocate. For the State : M/s Arvind Ujjawal, SC-25, Maruth Nath Roy, AC to SC-25, Advocates. For the Board : Mr. Dev Kumar Pandey, Ganpati Trivedi, Advocates. ----------- 03. 15.03.2011 Heard learned counsel for the petitioners, State and the Bihar State Board of Religious Trusts(hereinafter referred to as the Board). 2. Petitioners were the erstwhile trustee of Sri Radha-Krishna Maharaj Thakurbari Kunj Bhawan, Golaghat, Bhagalpur(hereinafter referred to as the Thakurbari). They have filed this writ petition questioning the order of the President of the Board contained in memo no.5086 dated 2.2.2006, Annexure-3, whereunder they were removed as trustee of the thakurbari and Sub-Divisional Officer, Bhagalpur was directed to take over charge of the Thakurbari. 3. It is submitted on behalf of the petitioners that Thakurbari was created in terms of the will executed by Babu Raghunandan Lal dated 24.7.1923, English translation whereof is contained in Annexure-1 to this application. With reference to the contents of will dated 24.7.1923 it is - 2 - submitted that the Thakurbari is a private trust and the authorities of the Board has no jurisdiction to interfere in the management of the trust. In this connection, reference is also made to the averments made in paragraphs-15, 20 of the writ petition. 4. To verify the contents of paragraphs-15, 20 of the writ petition learned counsel for the Board was allowed two weeks’ time under orders dated 24.2.2011 but till date no counter affidavit has been filed disputing the averments made therein. It is, therefore quite evident that there is nothing on record to suggest that Thakurbari created by Babu Raghunandan Lal under will dated 24.7.1923, Annexure-1 is a public trust and the President of the Board has jurisdiction to pass order dated 2.2.2006, Annexure-3. 5. Having heard counsel for the petitioners and the Board, I grant one more opportunity to the President of the Board to peruse the will dated 24.7.1923 and pass appropriate orders indicating the nature of the Thakurbari created by Babu Raghunandan Lal. In the light of the findings so arrived by the President of the Board, appropriate orders be passed by the President of the Board either recalling the order dated 2.2.2006 or affirming the same. President should pass appropriate final order after perusing the will dated 24.7.1923 as also after hearing the petitioners, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the President of the Board. 6. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)