CIVIL WRIT JURISDICTION CASE No.6903 OF 1994 In the matter of an application under Articles 226 and 227 of the Constitution of India. ---- GAUTAM PANDEY @ GUDARI PANDEY SON OF LATE RAM NATH PANDEY RESIDENT OF VILLAGE MANGOLAPUR, P.O. AND P.S. JALALPUR, DISTRICT-SARAN …….. PETITIONER. Versus 1. THE BIHAR STATE RELIGIOUS TRUST BOARD, PATNA THROGH ITS CHAIRMAN 2. THE CHAIRMAN, BIHAR STATE HINDU RELIGIOUS TRUST BOARD, PATNA 3. THE ADMINISTRTOR, BIHAR STATE HINDU RELIGIOUS TRUST BOARD, PATNA 4. THE COMMITTEE CONSTITUTED IN PURPORTED EXERCISE OF POWER UNDER SECTION 32 OF THE BIHAR STATE HINDU RELIGIOUS TRUST BOARD ACT 1950 THROUGH ITS PRESIDENT HAVING AN OFFICE AT MANGOLAPUR P.O. JALALPUR, DISTRICT SARAN- RESPONDENTS For The Petitioner : MR. MAHESH NARAYAN PARBAT For The Respondents : MR. A.N.CHOUBEY P R E S E N T THE HON'BLE MR. JUSTICE NAVIN SINHA THE HON'BLE MR. JUSTICE JYOTI SARAN Navin Sinha & Jyoti Saran,JJ. Heard counsel for the petitioner and the respondents. I.A.No.5957 of 2010 has been filed for substitution of the original petitioner who is said to have been deceased on 8.12.2002 by his legal heirs as stated in para-2 of the application. Mr. Choubey, appearing for the respondents submits that he is not in a position to oppose the substitution 2 application in view of the order of the Civil Court that the Trust was private in nature. The substitution application is allowed. The deceased petitioner is permitted to be substituted by his legal heirs as stated in para-2 of the interlocutory application. Mr. Choubey, appearing for the Bihar State Religious Trust Board, fairly submits that in a subsequent suit filed by the petitioner it has been declared to be a private Trust to which the provisions of Hindu Religious Trust Act does not apply. In that view of the matter, the impugned orders dated 30.4.1988, 29.9.1989 and 1.4.1992 automatically stand vitiated as being without jurisdiction. We do not therefore consider it necessary to discuss further issues. The impugned orders are accordingly quashed. The writ application stands allowed. (Navin Sinha,J.) (Jyoti Saran.J.) Patna High Court, Dated, 13th July, 2010. NAFR/ ahk.