IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17565 of 2009 Kishori Pandey s/o late Dev Nandan Pandey r/o village Baikathpur, P.S. Khusroopur, District – Patna .. Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Secretary, Department of Art, Culture and Youth Affairs, Government of Bihar, Patna 3. The Bihar State Board of Religious Trusts, Vidyapati Marg, Patna through its Administrator-cum-Special Works Officer 4. The Trust Committee of Radha Bhawani Shankar Gauri Baikunthnath Mahadev Mandir (Baikathpur Shiv Mandir) Village + P.O. – Baikathpur, P.S. Khusroopur, District – Patna through its Chairman 5. The Chairman, Trust Committee of Radha Bhawani Shankar Gauri Baikunthnath Mahadev Mandir (Baikathpur Shiv Mandir) Village + P.O. – Baikathpur, P.S. Khusroopur, District – Patna. 6. The Secretary, of Radha Bhawani Shankar Gauri Baikunthnath Mahadev Mandir (Baikathpur Shiv Mandir) Village + P.O. – Baikathpur, P.S. Khusroopur, District – Patna through its Chairman …………… Respondents ----------- For the petitioner: Mr. Pushkar Narain Shahi, Advocate For the respondent nos. 1 & 2: Mr. Harendra Prasad Singh, GA – VI For the respondent no.3: Mr. Siddharth Harsh, Advocate --- 3 7/1/2010 Heard Mr. Pushkar Narain Shahi, learned counsel for the petitioner, Mr. Harendera Prasad Singh, learned counsel for the State, and Mr. Siddharth Harsh, learned counsel for the Board. In this public interest litigation the basic 2 grievance is that the temple, namely, Radha Ballam Bhawani Shankar Gauri Baikunthnath Mahadev situate at village Baikathpur is not properly managed and the mismanagement is writ large. On a perusal of section 80 of the Bihar Hindu Religious Trusts Act, 1950, it is noticeable that the State Government has the power to dissolve or supersede the Board. We have been apprised at the Bar that the Board has been dissolved and an Administrator has been appointed. Section 81 of the aforesaid statute deals with consequences of supersession. Appreciating scheme of the Act in entirety, we are of the considered opinion that the State Government has the statutory obligation to see that the Administrator or any committee constituted by it functions appositely. In view of aforesaid, we direct the competent authority of the State Government to look into the grievance of the petitioner pertaining to management of the temple and take appropriate remedial measures so that such an ancient temple is protected and taken care of. We hope and trust that the State 3 Government shall not fail in its duty. Mr. Harendra Prasad Singh, learned counsel for the State, is requested to intimate the Chief Secretary, Government of Bihar, as well as the Secretary, Department of Art, Culture and Youth Affairs, Government of Bihar, Patna to do the needful in the matter. Let appropriate steps be taken as required under the law within a period of eight weeks from the date of receipt of a copy of this order. If no action is taken and the grievance remains alive, it is open to the petitioner to approach the court as advised under law. With the aforesaid direction, the writ petition stands disposed of. A copy of this order be handed over to Mr. Harendra Prasad Singh, Government Advocate – VI, for doing the needful in the matter as directed hereinabove. Neyaz/ (Dipak Misra, CJ.) (Dr. Ravi Ranjan, J.)