IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8342 of 2006 NAVIN TIWARI @ NAKUL TIWARI, SON OF LATE MUKTI NATH TIWARY, RESIDENT OF MOHALLA POKHAR KRISHNA, WARD NO.12, P.S. SAHARSA TOWN, DISTRICT SAHARSA. Versus THE BIHAR HINDU RELIGIOUS TRUST, THROUGH ITS CHAIRMAN, VIDYAPATI MARG, P.S. BUDHA COLONY, PATNA-1. For the petitioner : Mrs. M. Chatterjee, Advocate. For the respondent : M/s Ganpati Trivedi, Madan Mohan, Advocates. ----------- 02. 06.05.2011 Heard learned counsel for the petitioner and the Bihar State Board of Religious Trust(hereinafter referred to as the Board). 2. Petitioner is the priest of Radha Krishna Temple, Mosamat Pokhar, Ward No.12, Saharsa (hereinafter referred to as the Temple Trust). Temple Trust according to the petitioner is a public trust. It is submitted on behalf of the petitioner that earlier a report was received from the Collector, Saharsa under letter No.564 dated 7.8.2004 that the office of the Temple Trust is being misused by strangers and interlopers. Having received the report, Assistant Superintendent, Bihar State Board of Religious Trust(hereinafter referred to as the Board) under letter bearing Memo No.46 dated 12.4.2005, Annexure-7 asked the Collector, Saharsa to furnish the report of the Deputy Collector, Land Reforms referred to in the report dated 7.8.2004 so as to enable the Board to pass appropriate orders in the matter and ensure that the properties of the Temple Trust are not misused by anyone. 3. It is submitted on behalf of the petitioner that no action was taken in the light of the instructions contained in letter dated 12.4.2005, whereafter the present petition was filed on 17.7.2006 praying inter alia to direct the Board to proceed in the 2 light of the report of the Collector, Saharsa dated 7.8.2004 in accordance with law. 4. This matter has remained pending in the High Court for about five years but no action has been taken during the pendency of the matter in this Court. In the circumstances, this Court deems it expedient to direct the President of the Board to take cognizance of letter bearing Memo No.46 dated 12.4.2005, Annexure-7 issued by the Assistant Superintendent to the Collector, Saharsa asking him to furnish the report of the Deputy Collector, Land Reforms referred to in the report of the Collector, Saharsa dated 7.8.2004 and after securing the report referred to in the letter dated 12.4.2005 or any further report in the matter take action in accordance with law so as to ensure preservation of the properties of the Temple Trust. If the President of the Board is satisfied that the properties of the Temple Trust has been misused and alienated he shall take steps for restoration of the properties along with damages and cost. Necessary order in compliance of the orders of the High court be passed by the President of the Board after seeking appropriate report in the matter from the revenue authorities of Saharsa district, as early as possible, in any case within two months from the date of receipt/production of a copy of this order before the President of the Board. 5. The writ application is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)