IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1592 of 2010 MAHANTH VIKRAMA DAS CHELA LATE LAXMAN DAS, R/O VILL.- LAKHANIPUR, JAHARI DIH MATH, P.O. PAHARPUR, P.S.- PAHARPUR, DISTT.- EAST CHAMPARAN…………..PETITIONER. VERSUS 1. THE STATE OF BIHAR 2. ADMINISTRATOR-CUM-SPL. WORK OFFICER, BIHAR STATE BOARD OF RELIGIOUS TRUST, VIDYAPATI MARG, PATNA-800001 3. THE DISTRICT MAGISTRATE, MOTIHARI, EAST CHAMPARAN. 4. THE CIRCLE OFFICER, PAHARPUR, DISTT.- EAST CHAMPARAN…………..RESPONDENTS. For the petitioner : Mr. S.K. Tiwary, Advocate. For respondent no.2 : Mr. Ambuj Nayan Chaubey, Advocate. For the State : Mr.D. Kumar, AC to SC-5. ----------- 02/ 12.07.2010 Heard learned counsel for the petitioner and learned counsel for Bihar State Board of Religious Trust as well as learned counsel for the State of Bihar and its authorities. 2. This writ petition has been filed by the petitioner for quashing Letter No.1908 dated 14.12.2009 by which the Bihar State Board of Religious Trust had appointed Circle Officer (respondent no.4) as trustee in place of the petitioner on the ground that the petitioner was in custody in a criminal case. Learned counsel for the respondents contests the claim of the petitioner. 3. From the arguments made by learned counsel for the parties and the materials on record, it is quite apparent that earlier petitioner was Mahanth of Ram Janki Temple, Lakhanipur, Jauhari Math, Paharpur (East Champaran). It has come to light that he was made an accused in Paharpur P.S. Case No.171 of 2009 in which he was 2 arrested on 08.11.2009 and in view of the said arrest respondent no.2 (the Bihar State Board of Religious Trust) passed an order dated 14.12.2009 appointing Circle Officer of Paharpur Anchal as temporary Nyasdhari (Trustee) under section 33 of the Bihar Hindu Religious Trust Act, 1950 during ‘Karawadhi’ (period of incarceration) of the petitioner in the instant case. It transpires that the petitioner has been released on bail on 11.12.2009 by the Sessions Judge, East Champaran. 4. From the facts and circumstances of the case it is quite apparent that the Circle Officer has been appointed as temporary Nyasdhari (Trustee) only during incarceration of the petitioner and once he has been released, the said order passed by the Bihar State Board of Religious Trust dated 14.12.2009 has come to an end and the Circle Officer is no more temporary Nyasdhari of the Trust. In the said circumstances, there is no occasion for challenging order dated 14.12.2009 (Annexure-7) which has already lost its force. 5. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to move before the Bihar State Board of Religious Trust for an appropriate order in accordance with law keeping in view of the earlier order of the Board dated 14.12.2009. If the petitioner approaches Bihar State Board of Religious Trust within two weeks from today, the authority concerned must pass an appropriate order in accordance with law within two weeks thereafter. harish/ ( S. N. Hussain, J. )