IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3113 of 2006 BRIJ KUMAR DAS Son of Jageshwar Jha, resident of Village- Akhta, P.S. Bairgania, District- Sitamarhi. ------------------Petitioner Versus 1. THE STATE OF BIHAR. 2. Bihar State Hindu Religious Trust Board, Vidyapati Marg, P.S. Kotwali, District-Patna, through its President. 3. The President, Bihar State Hindu Religious Trust Board, Vidyapati Marg, P.S. Kotwali, District- Patna. 4. The Collector, Sitamarhi. 5. The Additional Collector, Sitamarhi. 6. The Sub-Divisional Officer, Sitamarhi. 7. Anchal Adhikari, Bairgania. --------------------Respondents ----------------- For Respondent nos. 2 & 3- Mr. Ganpati Trivedi, Advocate. Mr. Madan Mohan, Advocate. For the petitioner:- Mr. Yogendra Mishra, Advocate -------------------------- 2. 11.02.2011 Petitioner is the trustee of Akhta Maath in the district of Sitamarhi. He is aggrieved by the order contained in letter no. 583 dated 27.5.1999 (Annexure- 4) whereunder President of the Bihar State Board of Religious Trust has removed him from the office of trustee of Akhta Maath in purported exercise of power under Section 33 of the Hindu Religious Trust Act, 1950. Perusal of the order dated 27.5.99 (Annexure-4) itself indicates that the said order is non-speaking in nature without indicating reason for removal of the petitioner from the office of the trustee directing the petitioner to hand over charge to the Circle Officer, Bairgania. In the light of the order dated 27.5.1999 the Circle Officer, Bairgania submitted report dated 2 26.6.2000 (Annexure-5) where from it appears that both the trust and the deities have submerged in river Bagmati. The family members of the trustee have been rehabilitated on some other land provided by the State Government under rehabilitation scheme where they are performing their religious rights. 2. Having heard counsel for the petitioner and the Board, I am satisfied that the order of the President contained in letter dated 27.5.99 (Annexure- 4) does not indicate any reason as to why petitioner has been removed from the office of the trustee of Akhta Maath, Sitamarhi. The order being non-speaking is set aside with direction to the petitioner to appear before the President of the Bihar State Board of Religious Trust along with a copy of this order and to make submissions which have been made in this petition so as to enable the president to pass appropriate final order in the matter. 3. The application is accordingly disposed of. Anand Kr. ( V. N. Sinha, J.)