IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7840 of 2006 MAHANTH RAM BHADRA SHARAN, CHELA OF LATE RASIK SHIROMANI SHARAN, NAWAHI, STHAN, SURSAND, POLICE STAITON SURSAND, DISTRICT SITAMARHI. Versus 1. THE BIHAR STATE BOARD OF RELIGIOUS TRUSTS, VIDYAPATI MARG, PATNA-1, THROUGH ITS ADMINISTRATOR CUM SPECIAL EXECUTIVE OFFICER. 2. THE ADMINISTRATOR CUM SPECIAL EXECUTIVE OFFICER, BIHAR STATE BOARD OF RELIGIOUS TRUSTS, VIDYAPATI MARG, PATNA-1. 3. THE STATE OF BIHAR THROUGH THE ADDITIONAL COLLECTOR, SITAMARHI CUM EX OFFICIO CHAIRMAN, RAJADHIRAJ MANDIR, NAWAHI, SURSAND, POLICE STATION SURSAND, DISTRICT SITAMARHI. 4. THE CIRCLE OFFICER, SURSAND, DISTRICT SITAMARHI. For the petitioner : Mr. V.R.P. Singh, Advocate. For respondent no.2 : M/s Ganpati Trivedi, Madan Mohan, Advocates. For the State : Mr. Maheshwar Prasad Dwivedi, SC-23, Sudhir Kumar Singh, AC to SC-23. ----------- 05. 29.04.2011 Heard learned counsel for the petitioner, State and the Bihar State Board of Religious Trust(hereinafter referred to as the Board). 2. Petitioner was appointed Manager of Nawahi Temple Trust(hereinafter referred to as the Temple Trust) under the proceedings of the Managing Committee of the Temple Trust vide resolution bearing Memo No.2593 dated 30.12.2005, Annexure-7. He has filed this writ petition questioning the validity of the order bearing Memo No.1067 dated 12.6.2006, Annexure-11, whereunder he has been removed from the office of the Manager of the Temple Trust by the Additional Collector, Sitamarhi in compliance of the order of the Administrator of the Board dated 29.5.2006 communicated to the Additional 2 Collector, Sitamarhi under letter No.855 dated 1.6.2006 Annexures-D and C to the counter affidavit filed on behalf of the Board and its Administrator, respondent nos.1 and 2. 3. It is submitted on behalf of the petitioner that the order removing the petitioner from the office of the Manager of the Temple Trust has been passed on the assumption that he has been misusing the office of Manager of the Temple Trust by selling the lands of the Trust. It is submitted by the counsel for the petitioner that notice dated 27.5.2006, Annexure-9 alleging sale of Trust land by the petitioner was issued calling upon him to explain as to how petitioner could sell the lands of the Temple Trust without the approval of the Board. It is asserted on behalf of the petitioner that petitioner has not sold even one inch of the trust land either after assuming the charge of the Manager of the Temple Trust or earlier as member of the managing committee of the Temple Trust. 4. Aforesaid submission of the counsel for the petitioner is also accepted by the counsel for the State who has filed counter affidavit duly affirmed by the Block Development Officer cum Circle Officer, Sursand within whose jurisdiction the Temple Trust and its land are situate. Perusal of the said counter affidavit indicates that the record maintained in the circle office does not reflect that any of the Trust land has been sold by the petitioner. 5. As order removing the petitioner from the office of the Manager of the Temple Trust passed by the Additional 3 Collector, Sitamarhi dated 12.6.2006, Annexure-11 is preceded by the notice dated 27.5.2006, Annexure-9 whereunder petitioner was asked to explain as to how he could sell the lands of the Temple Trust without the permission of the Board together with the assertion of the petitioner that he has not sold any of the Trust land, I set aside the order dated 12.6.2006, Annexure-11 passed by the Additional Collector, Sitamarhi and remit back the matter to the President of the Board with direction to the President to hear the petitioner and other members of the Managing Committee of the Temple Trust and to find out whether petitioner has sold the Trust land. If petitioner has not sold the Trust land and has not misused the office of the Manager then to consider the desirability to appoint the petitioner or any other member of the Temple Trust as the Manager of the Temple Trust. In case, the members of the Trust are not found suitable for being appointed as Manager of the Temple Trust then to consider the desirability to appoint any stranger to the office of the Manager of the Temple Trust. 6. The writ application is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)