IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1162 of 2006 ACHARYA MAHANTH RAMDAYAL DAS Versus URMILA DEVI & ORS ----------- 3. 22.10.2008 Heard counsel for the petitioner. In the opinion of this Court an issue as to whether the court below ought to have allowed intervention of one Mahanth Rajballabh Das as a intervener defendant to the suit cannot be decided in absence of Bihar Hindu Religious Trust Board. Admittedly in view of the statement made in paragraph 1 of the plaint the suit property belongs to Kabir Math, Budupur and the petitioner claims to be its Mahanth. Such Kabir Math, Bidupur is registered with the Bihar Hindu Religious Trust Board and the Board has invariably been managing its affairs by appointing temporary trustee/ Trust Committee. There can be no doubt that any person duly appointed by the Board will have a right to be heard if he intervenes in the capacity of temporary trustee. The court below has found that Rajballabh Das was one such person whose appointment on the post of temporary trustee was made by the Board. Mr. Narayan Singh by placing 2 several orders of the District Judge and of this Court has vehementally argued that as a matter of fact the appointment of the said Rajballabh Das was never upheld and that there is specific finding that Rajballabh Das had no concern with the Math in question. In the opinion of this Court under the scheme of Bihar Hindu Religious Trust Act no suit can be filed in relation to property of the Math registered with the Board, without prior permission of the Board. That apart the interest of the Board sought to be protected through its temporary trustee cannot be questioned by the petitioner who is not the owner of the property, rather the only Mahanth and at best can only claim a right to manage the property. That being so, this Court would remit the matter back to the court below to record a clear finding as to whether Rajballabh Das had been validly appointed as a trustee by the Board and whether his such appointment is still continuing. In case the court below finds that the appointment of 3 Rajballabh Das as a temporary trustee was made by the Board, the court below will implead Bihar Hindu Religious Trust Board through its Special Officer and would issue notice to the Board and thereafter any order in the suit may be passed only after hearing the Board through its special officer. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/