IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11545 of 1992 1.KAWALPATI MAHADEV THROUGH SHEVAIT MOST. BINDESHWARI DEVI SITUATED IN VILL. DHANAUTI, P.S. CHARPOKHARI, DIST. BHOJPUR. 2. MOST. BINDESHWARI DEVI, SHEVAIT, KAWALPATI MAHADEV, W/O LATE AVINASH CHANDRA & D/O LATE BHALUANA PRASAD R/O VILL. DHANAUTI, P.S. CHARPOKHARI, DIST. BHOJPUR. ----- PETITIONERS Versus 1. THE BIHAR STATE BOARD OF RELIGIOUS TRUST,PATNA 2. CHAIRMAN, THE BIHAR STATE BOARD OF RELIGIOUS TRUST,PATNA 3. SPECIAL OFFICER, THE BIHAR STATE BOARD OF RELIGIOUS TRUST. 4. CIRCLE OFFICER, CHARPOKHARI, ANCHAL CHARPOKHARI, DIST. BHOJPUR. ---- RESPONDENTS ----------- For the petitioners: Mr. Keshav Shrivastava, Sr.Advocate. For the State: Mr. Anil Kumar Jha, G.A.2, Mr. Uday Bhan Singh, J.C.to G.A.2. 05 02.12.2008 Vide communication dated 13.02.1992 contained in annexure-7, the Special Officer State Board of Religious Trust decided to take charge of the trust property and in this regard he appointed the Circle Officer of the place to be the temporary trustee as a temporary arrangement based on the communication contained in annexure-7. The Circle Officer Charpokhari is supposed to have taken possession of the property in terms of annexure-6. When the present writ application was filed challenging the two orders vide order dated 01.12.1992 operation of the two orders were stayed. In other words, there was no change so far as the possession of the trust and its working against the interest of the petitioners. Learned senior counsel for the petitioners submits that both the impugned orders came to be passed against a private 2 trust and without any notice or show-cause issued to them in this regard. It goes to the root of the matter and that was one of the reasons why the impugned order came to be stayed. No counter affidavit has been filed on behalf of the respondents specially the Religious Trust. In that view of the matter, there is no rebuttal of the assertion made in the writ application. This court is of the opinion that if the situation still prevails then power under the Act may be exercised by the respondents after following the law on the issue. The writ application is allowed with the above direction. Sym ( A.K.Tripathi, J.)