IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8285 of 2010 1. GIRDHAR RAY S/O LATE NARAYAN RAY R/O MOH GOLAGHAT, P.S. TATARPUR, DISTT-BHAGALPUR 2. KISAN GOSHWAMI S/O LATE LONGI GOSWAMI R/O MOH GOLAGHAT, P.S. TATARPUR, DISTT-BHAGALPUR 3. DUKHAN DEVI, W/O LATE RAMJEE PODDAR, R/O MOH GOLAGHAT, P.S.TATARPUR, DISTT-BHAGALPUR … Petitioners. Versus 1. THE STATE OF BIHAR THROUGH CHIEF SECRETARY, OLD SECRETARIAT, PATNA 2. DISTRICT MAGISTRATE, BHAGALPUR 3. SUB-DIVISIONAL OFFICER, BHAGALPUR 4. BIHAR STATE BOARD OF RELIGIONS TRUST THROUGH ITS CHAIRMAN, VIDYAPATI MARG, PATNA … Respondents. ----------- 2. 11.5.2010 In this writ application the petitioners professing to act pro bono publico have moved this Court for the following relief: “This is an application in the nature of Public Interest Litigation for a direction to the respondent no.3 to take over the charge of Sri Radha Krishna Maharaj Thakurbari (Ragghu Babu Thakurbari), situated at Golaghat, Bhagalpur and for a further direction to open up the Gangaghat adjoining to Thakurbari for general public day to day uses and for any other consequential relief or reliefs as your Lordships may deem fit and proper under the facts and circumstances of the case.” From the averments made in the writ application, it appears that the matter has already 2 received attention of the Bihar State Hindu Religious Trust Board which has also approached the Sub- divisional Officer, Bhagalpur for safeguarding the assets of Sri Radha Krishna Maharaj Thakurbari (Ragghu Babu Thakurbari), sitiated at Golaghat in the town of Bhagalpur. It further transpires that the Sub-divisional Officer, Bhagalpur was also made temporary trustee in terms of section 33 of the Bihar Hindu Religious Trust Act (hereinafter referred to as „the Act‟). Inasmuch as the issue involved is directly covered by the provisions of the Act, wherein it is the duty of the Board to take suitable action to safeguard the assets of the public religious trust, we would not like in the first hand to interfere in the functioning of the Board save and except by observing that the Board must take the appropriate steps in accordance with law to enforce its own earlier decision as with regard to managing with the property of the trust for which it had at one point of time was also appointed a temporary trustee by way of S.D.O., Bhagalpur. This writ application, accordingly, is disposed of by directing respondent no.4 to take 3 Surendra/ appropriate steps as with regard to Thakurbari in question strictly in accordance with the provisions of the Act. We would hasten to add that we have not held that the Thakurbari in question is a religious trust within the meaning of the Act or is a public trust. In fact we have not at all gone into the merits of the claim of the petitioners and our limited observations made above is based only on the communication made by the Administrator cum Officer on Special Duty of the Board dated 14.7.2006 (Annexure 4) and therefore, nothing said in this order would adversely affect the rights of any party, if there be a dispute as with regard to nature of the trust and/or ownership of the Thakurbari which has to be adjudicated and managed strictly in accordance with the provisions of the Act. With the aforementioned observations and directions, this application is finally disposed of. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) 4