IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7891 of 2006 MAHANTH ARUN KUMAR MISHRA PURI, SON OF SHRI PARSHURAM MISHRA, TRUSTEE OF SHRI SUMESHWAR NATH MAHADEO MATH, DAFTARPUR, RESIDENT OF VILLAGE DAFTARPUR, POST OFFICE AND POLICE STATION DORIGANJ, DISTRICT SARAN(CHAPRA). Versus 1. BIHAR STATE BOARD OF RELIGIOUS TRUSTS, VIDYAPATI MARG, PATNA- 800001 THROUGH ITS CHAIRMAN. 2. THE CHAIRMAN, BIHAR STATE BOARD OF RELIGIOUS TRUSTS, VIDYAPATI MARG, PATNA-800001. 3. RAGHUBANSH SINGH SON OF SURAJ PRASAD SINGH, RESIDENT OF VILLAGE DAFTARPUR, POST OFFICE AND POLICE STATION DORIGANJ, DISTRICT SARAN (CHAPRA). 4. SHRI PRAVESH MANJHI SON OF LATE HIKAYAT MANJHI, RESIDENT OF VILLAGE DAFTARPUR, POST OFFICE AND POLICE STATION DORIGANJ, DISTRICT SARAN (CHAPRA). 5. SHRI SURAJ PRASAD SON OF SHRI PARAS SINGH, RESIDENT OF VILLAGE DAFTARPUR, POST OFFICE AND POLICE STATION DORIGANJ, DISTRICT SARAN(CHAPRA). For the petitioner : Mrs. M. Chatterjee, Advocate. For the Board : M/s Ganpati Trivedi, Daman Mohan, Advocates. ----------- 03. 02.05.2011 Heard learned counsel for the petitioner and the Bihar State Board of Religious Trust(hereinafter referred to as the Board). 2. Petitioner is aggrieved by the acts of omission and commission of the trustees of Shri Sumeshwar Nath Mahadeo Math (hereinafter referred to as the Math) constituted under order of the Board dated 2.4.2005, Annexure-15 on the ground that the trustees are misusing the properties of the Math. In this connection, representation alleging misuse of the Math properties by the trustees was filed, copy whereof is contained in Annexure- 17 to this application. On the basis of the allegations made out in the public petition, Annexure-17 notice dated 29.6.2006, Annexure-A to the counter affidavit was issued to the trustees of the Math and enquiry conducted. Having conducted the enquiry the Board is satisfied that the properties of the Math has been 2 misused by the Board of trustees and statement to that effect is made in paragrphas-13 and 16 of the counter affidavit. In the light of the findings of misuse notice dated 23.8.2010, Annexure-B to the counter affidavit has been issued to the members of the Board of Trustee of the Math asking them to show cause as to why they should not be removed. 3. It is submitted by the counsel for the Board that steps to register the First Information Report and to recover the loss caused to the properties of the Math has been taken. Counsel for the petitioner, however submits in rejoinder that the Board has not lodged any First Information Report against the members of the Board of Trustee, rather First Information Report has been lodged by the petitioner against them. Petitioner is at liberty to pursue the First Information Report lodged by him for misappropriation of the properties of the Math by the trustees. The President of the Board is, however directed to take further action in the light of notice dated 23.8.2010, Annexure-B to the counter affidavit, as early as possible, in any case within one month from the date of receipt/production of a copy of this order before him. He is also directed to ensure recovery of the amount of loss caused to the Math by the trustees appointed under Annexure-15. 4. The writ application is, accordingly, disposed of. Rajesh/ ( V.N. Sinha, J.)