IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11540 of 2008 THAKUR DEVENDRA PRASAD @RACHAN Versus 1. THE STATE OF BIHAR THROUGH COLLECTOR, BHABHUA 2. BIHAR STATE BOARD OF RELIGIOUS TRUST THROUGH ITS ADMINISTRATOR –CUM- CHIEF EXECUTIVE OFFICER 3. AMININSTRATOR –CUM- CHIEF EXECUTIVE OFFICER,BIHAR STATEBOARD OF RELIGIOUS TRUST,VIDYAPATI,MARG,PATNA --- 2. 30.9.2008 The submission of learned counsel for the petitioner is that with respect to the Trust in question a notification dated 16.4.2008 has been issued by respondent No.3, Administrator-cum- Chief Executive Officer, Bihar State Hindu Religious Trust Board constituting a Trust Committee for implementing the scheme with regard to the private Trust property of the petitioner without issuing any notice to the petitioner and giving him an opportunity of being heard. The said notification could not have been issued. Learned counsel for the Trust Board, on the other hand, submits that by Section 28 (2) (u) of the Amendment Act, 2007, the power has been vested in the Board to decide the question as to whether the Trust is a public Trust or a private Trust. In the above circumstances, the writ application is disposed of with a direction to the petitioner to file a detailed representation within two weeks from today with respect to his claim before an appropriate authority, who shall consider the same and pass a speaking order within a period of four weeks from the date of filing of the said representation. Until such decision by the competent authority, the notification dated 16.4.2008 shall be kept in abeyance. VPS ( Ramesh Kumar Datta,J.) 2