IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5764 of 2002 RASIK BIHARI DUBEY Versus THE STATE OF BIHAR & ORS ----------- 4. 17.4.2009 Heard counsel for the petitioner and the counsel for the Bihar Hindu Religious Trust Board. The prayer of the petitioner in this writ application reads as follows: “(a) A notice vide reference no. 6044 dated 11.1.2002 and also similar notice vide Ref.No. 333 dated 15.4.2002 issued by one Officiating Assistant Superintendent, respondent no.5 on behalf of respondent no.2 and the Chairman of respondent no.2 respectively to the petitioner as contained in Annexures 1 series be quashed. (b) The petitioner‟s family deities installed in the residential house by the youngest brother of the petitioner‟s grant father as directed by him vide his registered deed of Tamliknama dated 19.7.1949 as contained in Annexure 4 be held to be his family affair of worship of his family, deities as private trust not amenable to interference by the respondents under the Bihar Hindu Religious Trust Act, 1950 (Bihar Act No.1 of 1951) 2 (hereinafter „the Trust Act‟). (c) The respondents be restrained from interference with the worship affair of deities concerned of the petitioner. (d) Any other relief or reliefs to which the petitioner is entitled be given.” Counsel for the parties are at least unanimous on this issue that such a dispute as to nature of the property whether being religious trust as defined under section 2(l) of the Act or a private trust at the first instance has to be adjudicated by the Board itself in view of the provisions made under section 28(2)(u)of the Bihar Hindu Religious Trust Act. That being so, this writ application before this Court for the aforementioned reliefs must be held to be premature. The petitioner may approach the Board for adjudication of the dispute and in the event the petitioner would file such an application within a period of one month from today, the Board after holding necessary enquiry and hearing the concerned parties would pass an appropriate order 3 within a period of six months. With the aforementioned observation, this application stands disposed of. (Mihir Kumar Jha,J.) Surendra/