IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.127 of 2006 1. MAHENDRA NARAIN SINGH, SON OF MADHU SUDAN PRASAD SINGH RESIDENT OF VILLAGE BARAIPURA, P.S. BARAUNI, P.O. BARAUNI, DISTRICT BEGUSARAI. 2. NAMDEO PRASAD SINGH, SON OF LATE SHYAM SHOBHA PRASAD SINGH, RESIDENT OF VILLAGE NAYANANGAR, P.O. NAYANAGAR, P.S. HASANPUR, DISTRICT SAMASTIPUR. Versus THE BIHAR HINDU RELIGIOUS TRUST BOARD, THROUGH ITS PRESIDENT, VIDYAPATI MARG, PATNA, P.S. KOTWALI, DIST PATNA. For the petitioner : M/s Bhupendra Narain Sinha, Shailendra Kumar, Advocates. For the Board : M/s Ganpai Trivedi, Madan Mohan, Advocates. ----------- 03. 21.01.2011 Heard learned counsel for the petitioners and the counsel for the Bihar State Religious Trust Board (hereinafter referred to as the Board). 2. Petitioners are aggrieved by the notice dated 12.5.1994 and the final order dated 24.9.2005, Annexures-1, 2, whereunder private trust created by the ancestors of the petitioners has been held to be a public trust. It is submitted on behalf of the petitioners that without perusing the registered deed of dedication dated 6.8.1966, Annexure-3, whereunder the properties were dedicated to the deity with clear averment that the trust shall be managed by the descendant of the dedicator, with further averment that the trust shall remain the private trust of the dedicator the trust has been held to be a public trust. Such averment is recited in paragraph- 1 to the trust deed. It appears under the impugned order - 2 - dated 24.9.2005, Annexure-2 the President of the Board has held that the trust in question is a public trust. In this connection, learned counsel for the petitioner relied on the different judgments of the Hon’ble Supreme Court in the case of Sri Radhakanta Deb and Another Versus Commissioner of Hindu Religious Endowments, Orissa, reported in (1981) 2 Supreme Court Cases 226, paragraphs-14, 15, 16 and 18, The Bihar State Board of Religious Trust Versus Palat Lal and Another, reported in AIR 1972 Supreme Court 57, The Bihar State Board of Religious Trust(Patna) Versus Mahanth Sri Biseshwar Das, AIR 1971 Supreme Court 2057 and Pratapsinhji N. Desai Versus Deputy Charity Commissioner, Gujrat and Others, AIR 1987 Supreme Court 2064 and submitted that question as to whether the trust in question is a public or private trust has to be ascertained with reference to the intention of the dedicator emanating from the contents of the deed of dedication. 3. Learned counsel for the Board opposed the prayer of the petitioners. He, however, accepted that the contents of the trust deed, Annexure-3 is required to be considered in the light of the law laid down by the Hon’ble Supreme Court in the case of Pratapsinhji N. Desai Versus Deputy Charity Commissioner, Gujrat and Others, reported in 1987(Supp) Supplement Supreme - 3 - Court Cases 714. 4. Having heard counsel for the parties and having perused the impugned order dated 24.9.2005, Annexure-2, I am of the view that while holding the trust in question to be a public trust, the President of the Board has not considered the averments made in paragraph-1 of the deed of dedication, which categorically recites that property is dedicated to the deity and income from the property shall be utilized for the purpose of performing worship of the deity. The trust, however, shall remain a private trust. Accordingly, I set aside the order dated 24.09.2005 together with notice dated 12.05.1994, Annexures-2, 1 and remit back the matter to the President of the Board to reconsider the matter in the light of the averments made in paragraph-1 of the deed of dedication in the light of the law laid down by the Hon’ble Supreme Court in the aforesaid reported cases. Reconsideration be made after notice to the petitioners so as to enable them to participate in the hearing before the President. 5. The writ application is, accordingly, disposed of. Rajesh/ (V.N. Sinha, J.)