IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.847 of 2004 SATYA DEO PASWAN Versus THE STATE OF BIHAR & ORS With CWJC No. 3737 of 2006 ASHOK KUMAR Versus THE BIHAR STATE BOARD OF RELIGIOUS TRUST ------- 7 9/4/2009 Heard Mr. Rajendra Prasad Singh, learned Senior Counsel and Mrs. Mahasweta Chatterjee, learned counsel appearing for the petitioners in the aforesaid two writ applications as also counsel for the State and counsel for the Bihar Hindu Religious Trust Board. The issues involved in both these writ applications is virtually the same, namely management of religious place known as Goraiya Baba pujasthan situated in village Sipaha, Post+Anchal Daudnagar, District Aurangabad. The petitioner of C.W.J.C. No. 847 of 2004 claims that this religious place is private religious place founded by Paswan community and therefore notification of the Board dated 16.12.2003 constituting trust committee of seven persons including Ashok Kumar petitioner in C.W.J.C. No. 3737 of 2006 was wholly 2 without jurisdiction. The petitioner Ashok Kumar in C.W.J.C. No. 3737 of 2006 while claiming the said religious place to be public trust and supporting the impugned notification constituting seven members committee has assailed subsequent order of Chairman of the Board dated 24.2.2004, whereby and whereunder, the earlier notification dated 16.12.2003 had been stayed. There may be any number of issues which can be raised by both the parties in support of their claim, but the core issue on which all other aspect, would depend is as to whether the said religious placed falls within the definition of “religious trust” under section 2 (l) of the Bihar Hindu Religious Trust Act or is a private trust. Such issue on the basis of evidence in the first instance has to be decided by the Board itself as per amended provisions under section 28 (2) (U) of the Act. As power of the Board to constitute trust committee will be available if the trust is held to be religious trust, this 3 Court would remit the matter back to the Board itself, who must decide this issue within a period of three months from the date of receipt/production of a copy of this order. It is made clear that even if the petitioners of these writ applications do not cooperate, this issue will be gone into by the Board on its own by giving public hearing to any person interested to prove nature of trust whether public or private. The petitioners, if they choose to produce any evidence they may to do so, but even if they do not extend co- operative, the Board will proceed to decide the question as to whether this religious place, namely, Goraiya Baba Pujasthan is public or private trust. In the event it is held to be religious trust and it is manageable by the Board, the Board will immediately constitute a trust committee for its management. At this stage, Mrs. Mahasweta Chatterjee would submit that there is allegation of mismanagement of the funds which is being strictly refuted by Mr. 4 Singh. Keeping in view the public interest, the Board may take any interim measure which may be necessary, but before doing so it must record a prima-facie conclusion that the said Goraiya Baba Pujasthan is a religious trust and not a private Trust. It goes without saying that if on the other hand on the basis of evidence adduced before the Board an inescapable position is created that it is a private trust the Board will leave the matter at rest and in the hand of the private trust. With the aforementioned observations and directions both the applications are finally disposed of. (Mihir Kumar Jha, J.) Abhay Kumar