Nawal Kishore Sureka vs The Bihar State Board Of Religious ...
2023 Latest Caselaw 2517 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Letters Patent Appeal No.391 of 2021
                                          In
                    Civil Writ Jurisdiction Case No.8562 of 2020
     ======================================================

Nawal Kishore Sureka S/o Late Murllidhar Sureka Resident of Henry Bazar, Loharpatti, Police station- Motihari Town, District- East Champaran, at present Sureka Sadan Sutapati, Police Station- Town, District- Muzaffarpur

... ... Appellant/s

Versus

1. The Bihar State Board of Religious Trust through its Chairman, Vidyapati Marg, Police Station- Budha Colony, Patna-1

2. The Chairman Bihar State Board of Religious Trust, Vidyapati Marg, Police Station- Budha Colony, Patna-1

3. Dipak Agrawal S/o Kanhaiya Prasad Resident of Main Road, Motihari, Police Station- Motihari Town, District- East Champaran

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Ms.Mahasweta Chatterjee, Advocate For the Respondent/s : Mr. Ganpati Trivedi, Sr. Advocate Mr.Madan Mohan, Advocate

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 19-05-2023

The appellant is aggrieved with the judgment of the

learned Single Judge which relegated the appellant and the 3 rd

respondent to the 1st respondent.

We have heard learned Counsel Ms. Mahashweta

Chatterjee for the appellant and Shri Ganpati Trivedi, learned

Senior Counsel for the respondent No. 1 as also Shri Madan Patna High Court L.P.A No.391 of 2021 dt.19-05-2023

Mohan for respondent No. 3.

The writ petition was filed by the appellant

challenging an order dated 04.08.2020 by which two buildings,

namely Manbhari Vivah Bhawan and Surekha Atithi Bhawan

were declared as public trust in the name of "Manbhari Kuar

Dharmshala". By the impugned order, it was also directed that

the said Dharmshala will get registered with the Board within

two days.

The objection is raised insofar as the decision

having been taken by the President, especially when the Board

was not constituted at that time. The said objection is met by the

learned Senior Counsel for the Board on the submission that it

stands constituted on 02.01.2021.

Faced with the above situation, the learned counsel

for the petitioner argued that there was a suit pending, which

objection is also not relevant since the 3 rd respondent, who filed

the suit, had submitted before Court that the suit was filed on a

wrong advice and the same would stand withdrawn. The further

objection of the petitioner was that the Board cannot exercise

any power on a private trust.

In fact, the learned Single Judge had specifically

referred to Section-28(2)(u) of the Bihar Hindu Religious Trust Patna High Court L.P.A No.391 of 2021 dt.19-05-2023

Act, 1950. The powers of the Board included a decision on

dispute as to whether a trust is a private or public trust in

accordance with the definition 2(1) of the Act. The learned

Single Judge also found that a decision arrived at by the Board

as to the nature of the trust would be final, unless set aside by a

competent Court.

We are of the opinion that the impugned judgment

is unassailable. The learned Single Judge has merely remanded

the matter to the Board for consideration of the issue whether it

is a public trust or a private trust. The petitioner has also a

remedy, by way of a challenge in a suit, against any decision of

the trust being a public one.

The L.P.A. would stand dismissed, without any

order as to costs.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J)

K.C.Jha/-

AFR/NAFR                N.A.F.R.
CAV DATE
Uploading Date          20.05.2023
Transmission Date