IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3587 of 2010 Mahanth Vikrama Das, son of Raksha Mishra, Chela Late Laxman Das, R/o Vill. Lakhanipur, Jahari Dih Math, P.O.Haharpur, P.S. Paharpur, district-East Champaran. …… Petitioner. Versus 1. The State of Bihar. 2. Kishore Kunal, Administrator-cum-Spl. Work Officer, Bihar State Board of Religious Trust, Vidyapati Marg, Patna. …. Opposite Parties. ------- For the petitioner : Mr. S. K.Tiwary, Advocate. For opposite party no.1 : Mr. Dhurendra Kumar, A.C. to S.C. 5. For opposite party no.2 : Mr. Ganpati Trivedi, Advocate. ------- 11/ 15.12.2010 Heard learned counsel for the petitioner, learned counsel for the State of Bihar as well as learned counsel for the Bihar State Board of Religious Trust. 2. This petition has been filed by the writ petitioner for initiating a proceeding of contempt against the opposite parties for disobeying order dated 12.07.2010 passed in CWJC No.1592 of 2010. 3. The claim of the writ petitioner was that the petitioner was falsely implicated in a case in which he was sent to jail and the Bihar State Board of Religious Trust appointed Circle Officer of Paharpur (East Champaran) as temporary Nyasdhari (Trustee) vide order dated 14.12.2009 only for the period of incarceration of the petitioner. He further claimed that petitioner had been released and once the petitioner had been released, the said order of the Board had come to an end and the Circle Officer was no more Nyasdhari of the Trust and order dated 14.12.2009 lost its force. - 2 - 4. In the said circumstances, the writ petition was disposed of by this court with a liberty to the petitioner to move before the Bihar State Board of Religious Trust for an appropriate order in accordance with law keeping in view the earlier order of the Board dated 14.12.2009 and if the petitioner approaches the Bihar State Board of Religious Trust within two weeks from that date, the Board had to pass appropriate orders in accordance with law within two weeks thereafter. 5. Learned counsel for the petitioner submits that in view of order dated 12.07.2010 passed by this court, the petitioner within the time allowed filed a representation dated 20.07.2010 before the Board, but no order to that effect was passed in compliance of the order of this court. Hence, respondent no.2 has violated the said order and has rendered himself punishable for contempt of court. 6. Respondent no.2 has filed a show cause annexing order dated 25.08.2010 (Annexure-B) issued under the signature of the Chairman of the Bihar State Board of Religious Trust holding that the earlier order of the Board dated 14.12.2009 has become invalid, but this would not affect any proceeding which is initiated against the petitioner with respect to allegations made against him. Hence, learned counsel for respondent no.2 submits that the said order has been complied although belatedly for which he has tendered unqualified apology. 7. Thus, it is quite apparent that order dated 14.12.2009 - 3 - appointing Nyasdhari (Trustee) has been put to naught by respondent no.2 himself and hence the petitioner has automatically become the Nyasdhari (Trustee) of the trust in question. Hence, the relief claimed by the petitioner has been granted to him. Accordingly, this petition is disposed of with a direction to the Circle Officer, Paharpur Anchal to hand over keys etc. of the trust to the petitioner immediately. 8. However, it may be mentioned that there are some allegations against the petitioner due to which some proceeding is pending before the Bihar State Board of Religious Trust (Annexures-C & D). This is a different matter unconnected with the writ petition and order passed therein and hence the Board is free to decide the said proceeding in accordance with law. Sunil (S. N. Hussain, J.)