CIVIL WRIT JURISDICTION CASE No.3019 OF 1995 Mohan Gopal Giri, Chela of late Mahanth Balmukund Giri, resident of Dariapur Math, P.S. – Sonepur, District – Saran. ------------ Petitioner. Versus 1. The State of Bihar. 2. Bihar State Board of Religious Trust, through the Administrator. 3. Brajbhushan Giri @ Chandra Bhushan Giri, son of late Ramchandra Giri, resident of village – Sakadih, P.S. – Jalalpur, District – Chapra, Saran. ------------- Respondents. ------------------ For The Petitioner : Mr. M.Chatterjee, Adv. For The Respondent : Mr. R.C. Thakur, Adv Mr. K.K. Singh, Adv. For the Respondent no. 3 : Mr. N. Hoda, Adv. --------------- P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ************* A. K. Tripathi, J. Heard learned counsel for the petitioner, learned counsel for the Bihar State Board of Religious Trust and learned counsel for the Respondent no. 6 who states that he has no instruction in the matter as of now. Certain series of action were taken by the Bihar Religious Trust Board which is reflected in the order contained in Annexure – 12, 13 & 13A. Respondent no.3 came to be appointed as trustee to take care of the affairs of the ‘Math’ which is known as Dariapur ‘Math’ in the District of Saran. The manner in which such a decision was taken and was sought to be implemented came to be challenged in the present writ application. The court prima facie being of the opinion that a - 2 - case for intervention was made out stayed the impugned orders. The position, therefore, existing prior to the passing of the impugned orders continues. The writ application is taken up final disposal only. Now during the pendency of the writ application Mahanth Balmukund Giri passed away and he has been substituted by one Mahanth Gopal Giri who is supposed to be the chela of late Mahanth Balmukund Giri. Interlocutory Application was allowed vide order dated 12.11.2007. Learned counsel for the petitioner submits that based on evidence which has been brought as Annexure – 4 to the Interlocutory Application, an inquiry into the affairs of the Trust was held in the year 2006. A copy of the report is on record which demonstrates that it is basically the petitioner who is at the helm of affairs and respondent no.3 does not even live or assert his presence on the property of the Trust and its affairs. When the petitioner approached the respondent’s Board for a declaration in his favour, no decision has been taken because of the pendency of the writ application, as has been stated at the Bar. Since the impugned order contained in Annexure – 12, 13 & 13A were stayed on 09.05.1995 itself, they have lost their meaning over the years due to pendency of the writ application. The impugned annexure therefore, are quashed. The writ application is allowed, but liberty is granted to the respondent - 3 - Religious Trust Board that if the situation and the material are in existence as of now, an appropriate direction or decision may be taken in the interest of the ‘Math’ property and its affairs. The writ application is allowed. Liberty is granted to the petitioner also to approach the Trust Board for resolving the dispute if so advised. Patna High Court The 10th Day of December,2008 NAFR/AFR, Rajeev/ (Ajay Kumar Tripathi, J.)