IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15123 of 2008 ----------- Ganesh Prasad Singh @ Mahanth Ganesh Das, son of late Ram Sagar Singh, resident of village Gyaspur, P.O. Gyaspur, P.S. Paroo, District Muzaffarpur. ….. Petitioner. Versus 1. The State of Bihar 2. The Bihar State Religious Trust Board, through its Commissioner- cum-Special Officer, Vidyapati Marg, Patna-1. 3. The Administrator-cum-Special Work Officer, the Bihar State Religious Trust Board. Vidyapati Marg, Patna-1. . …….Respondents ---------- For the Petitioner : M/s Durga Nand Jha and Upendra Kumar Choubey, Advocates. For the State : Mr. Manoj Kumar, A.C. to G.A. 10 For the Board : Mr. Ambuj Nayan Chaubey, Advocate. --------- 03/ 07.07.2010 Learned counsel for the petitioner submits that I.A. No. 4816 of 2009 has lost its force, hence he does not want to press this interlocutory application, which is, accordingly, rejected. 2. Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the Bihar State Board of Religious Trust and its Administrator-cum-Special Works Officer, namely, respondents no. 2 and 3. This case is being finally heard and decided at this stage at the instance of learned counsel for the parties. 3. The petitioner claims that he was the Mahanth of Ram Janaki Ji and Shanker Ji Mandir, Gyaspur, Muzaffarpur having been adopted by the earlier donor, whereas, learned counsel for the respondents submits that the petitioner was merely a member of the earlier Committee appointed by donor himself. This writ petition 2 has been filed by the petitioner challenging the notification dated 04.06.2008, issued by respondent no.3 in exercise of power under section 32 of the Bihar Hindu Religious Trust Act ( hereinafter referred to as `the Act’ for the sake of brevity ), appointing a Committee of the Trust without including the petitioner. 4. Learned counsel for the petitioner submits that the said notification has been issued without giving any opportunity to the petitioner to place his claim and ignoring the earlier petitions of the petitioner and the terms and conditions of the Trust deed. . On the other hand, learned counsel for the respondent-Board and its authorities contests the claim of the petitioner and submits that the concerned notification is legal, valid and proper and has been issued after compliance of all the due procedure of law 5. It is quite apparent that the notification issued under section 32 of the Act regarding settlement of scheme for proper administration of the trust is appealable and sub-section (3) of the aforesaid section provides that the trustee or any other person interested in such trust may within three months from the date of the publication in the Official Gazette of the Scheme so settled, make an application to the District Judge for varying, modifying or setting aside the scheme, but subject to the result of such an application, the order of the Board under sub-sections (1) and (2) shall be final and binding upon the trustee of the religious trust and upon every other person interested in such religious trust. 6. In the said circumstances, this writ petition is 3 disposed of with a liberty to the petitioner to file an application before the District Judge, Muzaffarpur and if such an application is filed along with an application for condoning the delay within fifteen days from today, the District Judge, Muzaffarpur shall consider the same keeping in view the pendency of this writ petition in this Court and decide the main application under section 32(3) of the Act in accordance with law on its own merits expeditiously, preferably within a period of two months from the date of the filing of the application. Both the parties shall approach the District Judge, Muzaffarpur within two weeks and shall take all proper steps so that the matter is decided within the time prescribed above. 7. During the pendency of the said application, if filed within fifteen days from today, operation of the impugned notice issued to the petitioner vide letter no. 127 dated 24.11.2008 in Case No. 26 of 2008 by the Bihar State Board of Religious Trust shall remain stayed. MPS/ ( S. N. Hussain, J. )