- (1.) The petitioner, by filing this Public Interest Litigation, has prayed for an enquiry by an agency, other than the agency of the State, in the matter of alleged illegal transfer of property belongs to Shree Ram Janki Tapowan Mandir Trust and all other co-related actions of the Trust.
(2.) The case of the petitioner as it appears from the petition and the submission made, is that Shree Ram Janki Tapowan Mandir Trust is a Hindu Religious Trust and the deity is Sri Ram Jankiji. On 25.2.1948 a trust deed was executed by forming a trust for the purpose of maintaining the deity Shree Ram Jankiji and to manage the properties of the deity and the said Trust was known as "Shree Ram Janki Tapowan Mandir Trust" (hereinafter referred to as 'the Trust'). Schedule A of the said Trust contains the details and the description of the several properties, which belongs to the said Trust. The aforesaid trust deed was a registered trust deed. On 12.5.1987, the trust deed was re-constituted by cancelling the earlier deed and a fresh deed was registered. Again the said trust deed was reconstituted vide registered deed dated 20.9.2005 by cancelling the earlier trust deed dated 12.5.1987. It is further case of the petitioner that by cancelling the earlier trust deeds and by executing a fresh deed on 20.9.2005, grave illegalities have been committed with a mala fide intention and the property of the deity is being squandered, misappropriated and was sold/transferred for personal benefits of few persons. As per the petitioner, the property belong to the deity and for managing and maintaining the same, the trust was formed and there was no provision in the original trust deed to transfer/sale the property of the deity. It is further case of the petitioner that with ulterior motive, the deed of 1987 has been cancelled and new deed of 2005 has been prepared only for the purpose of usurping the properties of the deity to facilitate illegal transfer of the land. He further submits that for private interest, the immovable properties of the religious trust are being sold and transferred by hatching a great conspiracy just to take away the properties of the deity. The further case of the petitioner is that the trust in question has been endowed with landed properties in various locality of the District-Ranchi and after creation of the State of Jharkhand, Ranchi became its capital. With sole intention of misappropriating the landed property of the deity, the earlier deed was cancelled and new trust deed dated 20.9.2005 was registered incorporating new clauses, which is absolutely impermissible and amounts to breach of trust. This was done with an ulterior motive and with criminal intention. It is also submitted that by way of conspiracy, the approval was obtained by the Board of Religious Trust for conversion of the landed property of the trust and subsequently, an approval was also obtained from the learned Judicial Commissioner, Ranchi by suppressing material facts. It is also submitted that one Panna Lal Modi out of his free Will, transferred the landed property of 03 Bighas, 05 Kathas and 06 Chhataks in favour of Shree Ram Janki Tapowan Mandir Trust, Niwaranpur, Ranchi with respect to Plot No. 1800, Ward No. 3, Village-Niwaranpur, Ranchi. The said property was mutated in the name of Shree Ram Janki Tapowan Mandir, Niwaranpur, Ranchi, and purposely the word 'Trust" was excluded. The Jharkhand State Hindu Religious Trust Board vide letter dated 13.6.2006 issued no objection in favour of Mahanth Ram Sharan Das, a Trustee of the said Trust for construction of Flats. Thereafter the plots and the properties were transferred to other persons, which is in utter violation of the trust deed and is against the wishes of the founder of the trust and by suppressing the original trust deed, approval was obtained from the learned Judicial Commissioner, Ranchi. It is also alleged that Mahanth Ram Sharan Das who is only one of the members of the Trust entered into various development agreements with several persons and is selling the property of the deity. It is further alleged that maps are also being sanctioned by sanctioning authority without even going through the original Trust deeds and without taking into consideration the purpose of the trust and without considering the wishes of the founder of the Trust. It is submitted that the property of the deity cannot be misappropriated and squandered in this manner and it is a very large conspiracy on the part of some influential persons. It is lastly submitted that since the entire property belongs to the deity, who is a perpetual minor, it is the duty of the Court to protect the property of the deity. Since a large scale conspiracy with a criminal intent has been hatched by several persons to usurp and misappropriate the property of the deity, it is necessary to investigate the conspiracy by an independent Investigating Agency and thereafter, take an appropriate action against the persons involved. The counsel for the petitioner, to strengthen his submission, has also referred to and relied upon the judgment reported in AIR 1998 Rajasthan 85 (Temple of Thakurji v. State of Rajasthan and Ors.).
(3.) An intervention application was filed on behalf of one Mahanth Ram Sharan Das, Pujari of the Tapowan Mandir on the ground to implead him as party respondent since the outcome of the writ petition is going to affect the right of the intervener. The intervener filed several documents and he was allowed to assist the court on all the issues basing on all documents filed by him to his satisfaction. It was submitted by the intervener that as per the trust deed, there is a provision to develop and transfer the property of the deity. It is further submitted that some of the properties of the Trust were being illegally encroached by the local inhabitants and for better returns and to increase the fund, it was decided to transfer the land. It is further submitted that several flats were constructed over the property belongs to the Trust and was thus the same was transferred. It has been brought to the notice to the Court that for better management, a fresh trust deed was executed, which was registered on 20.9.2005 and subsequently, appropriate approval was obtained from the Bihar State Board of Religious Trust and the learned Judicial Commissioner also gave approval for conversion of the land. It is submitted that Section 44 of the Bihar Hindu Religious Trust Act, 1950(now the Jharkhand Hindu Religious Trust Act (hereinafter to be referred as 'the Act') gives power to transfer immovable property of a religious trust after taking previous sanction from the Board and since the Board has already accorded sanction, therefore, there is no illegality in the entire process. It is further submitted by the intervener that Section 28(j) of the Act also gives power to the Board to permit conversion of any property of the trust with the approval of the District Judge and as that has been done in the instant case therefore, there is no illegality. It is further submitted that accounts are being maintained in a proper manner and this writ petition has been filed with mala fide intention and the same is liable to be dismissed. ;