IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1510 of 2002 1. SRI DEO NARAYAN DAS 2. Sri Ram Das 3. Sri Jai Ram Das 4. Sri Hareram Das 5. Sri Chhabiram Das All sons of late Nawal Kishore Das, resident of Makandpur, P.S. Nath Nagar, Anchal Nath Nagar, District Bhagalpur. . . . . . . . . Petitioners. Versus 1. THE STATE OF BIHAR. 2. Bihar State Board of Religious Trust, Vidyapati Nagar, Patna-1 through its Chairman. 3. The Chairman, Bihar State Board of Religious Trust, Vidyapati Nagar, Patna-1. 4. The Superintendent, Bihar State Board of Religious Trust, Vidyapati Nagar, Patna-1. 5. The Sub Divisional Officer, Sadar Bhagalpur. 6. The Anchal Adhikari, Nath Nagar, P.S. Nath Nagar, District Bhagalpur. 7. The Trust Committee of so called Makandpur Thakurbari at and P.O. Makandpur, P.S. Nath Nagar, District Bhagalpur through its Chairman, the Sub Divisional Officer, Bhagalpur Sadar Bhagalpur. 8. Mr. Parmanand Rai, S/o late Ramesh Nand Rai, resident of Vill.- Makandpur, P.S. Nath Nagar, Distt. Bhagalpur. . . . . Respondents. ----------- 5/ 13.11.2009 Heard learned counsel for the petitioners and the State. The petitioners have prayed for quashing the notification contained in Memo No. 4549 dated 04.10.2001 issued by Board of Religious Trust whereby individual property of the petitioners have been declared as Trust property of Makandpur Thakurbari. The learned counsel for the petitioners submits that the portion of the properties, which is said to be the trust properties of Makandpur Thakurbari, was purchased by his ancestors in the year 1965 by registered sale deed. It is further claimed that their names were mutated in Register II as well. The petitioners state that their residential house contains a room of the god and goddesses (Kuldevta) - 2 - which is came to be trust property though there is no temple or any kind whatsoever. He submits that some persons inimical to the petitioners had written to the Bihar State Religious Trust Board for treating the properties as the trust properties. The notice was issued to the private respondents. The petitioner states that he is in possession of the property for the last 40 years. The private respondent no.8 appeared and filed his counter affidavit and in paragraph 9 he stated that the said land is recorded in the survey record of rights in the name of Sri 108 Sitaramjee Sabait Ram Lakhan Das Mahanth Guru Mahanth Ramanuj Das. He stated that the temple is a public Trust and after death of Ramanuj Das, Ram Lakhan Das became the Sabait of the said temple. In the mean time, Bihar Hindu Religious Trust Act, 1950 came into existence. It has been further stated that the temple in question is public trust and said Ram Lakhan Das in his capacity as Sabait filed return with Religious Trust Board, Bihar, Patna in the year 1952. It has further been stated that after the death of Ram Lakhan Das, one Nawal Kishore Rai illegally occupied the temple and these petitioners are sons of aforesaid Nawal Kishore Rai. Learned counsel for Religious Trust Board submits that petitioners ought to have challenged the impugned order under the provisions of Section 32 (3) of the Bihar State Religious Trust Act, 1950. He submits that the facts are disputed. On the other hand counsel for the petitioners submits that the authorities should have decided the matter under Section 43 of the Act. - 3 - The respondents are claiming the property to be a public trust property. It is now for the petitioner to either avail remedy under Section 43 of the Act or go in for a suit in respect of claim of his stand. With the aforesaid observation, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)