IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1091 of 2007 KRISHNA MURARI PRASAD AGED ABOUT 65 YEARS SON OF LATE KAMTA PRASAD, SEBAIT THAKUR RUKAMINI NATH JEE DEITY ASTHAPIT MANDIR SHERGHATY AT MOHALLA HATIA, P.O. & P.S. SHERGHATY, DISTRICT GAYA, RESIDENT OF VILLAGE AMARUT, P.O. AMARUT P.S. DOHBI, DISTRICT GAYA. Versus 1. THE STATE OF BIHAR 2. BIHAR STATE BOARD OF RELIGIOUS TRUST, BIDYAPATI MARG, PATNA THROUGH ITS CHAIRMAN, BIHAR STATE BOARD OF RELIGIOUS TRUST, VIDYAPATI MARG, PATNA-800001. 3. THE CAHIRMAN, BIHAR STATE OF RELIGIOUS TRUST, VIDYAPATI MARG, PATNA-800001. 4. THE SUB-DIVISIONAL MAGISTRATE, CUM EXECUTIVE OFFICER CUM TEMPORARY TRUSTEE OF SRI THAKUR RUKMINI NATH JEE TRUST BOARD, SHERGHATTY, DISTRICT GAYA. 5. THE STATE OF BIHAR THROUGH S.D.O. SHERGHATY, DISTT. GAYA. ----------- 02. 01.12.2010 Heard learned counsel for the petitioner, the Bihar State Board of Religious Trust(hereinafter referred to as the Board) as also the Administrator of the Board. 2. Petitioner is aggrieved by the order dated 2.12.2006, Annexure-8 passed by the Additional District Judge, Fast Track Court-II, Gaya, whereunder learned Additional District Judge has refused to stay the operation of order dated 6.12.2005 contained in Annexures-4, 4/A to this application, whereunder the then Chairman of the Board had declared the petitioner trust as public trust and directed the Sub-Divisional Officer, Sherghati, Gaya to take possession of the trust. Perusal of order dated 6.12.2005 does not indicate that the then Chairman of the Board having perused the endowment deed declared the petitioner trust to be a public trust. 3. Having heard counsel for the parties, I direct the present Administrator of the Board to peruse the endowment deed as also - 2 - other relevant documents and record appropriate finding in the mater, for which purpose 15.12.2010 is fixed as the date for hearing, on which date the representative of the trust along with Sri Rudra Deo Kumar Sinha, Advocate shall appear in the office of the trust at 3.30 p.m. 4. With the observation and direction aforesaid, the writ application is disposed of. Rajesh/ (V.N. Sinha, J.)