M/S. AGRAWAL DHARAMSHALA AND ORS. Vs. BIHAR STATE BOARD OF RELIGIOUS TRUST AND ORS.

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioners for quashing a communication dated 29.8.87 issued by the Special Officer, Bihar State Board of Religious Trust, to the Anchal Adhikari, Jharia, Dhanbad, appointing him a trustee for Agrawal Dharmshala, at Dharamshala Road, Jharia, in exercise of the powers under Sec. 33 of the Bihar Hindu Religious Trusts Act (hereinafter referred to as 'the Act'). The Special Officer has mentioned in that communication that Sri Shankarlal Kejriwal, who was the Secretary of the Board of Managing Committee of the said Dharmshala, was not complying with the directions of the Bihar State Board of Religious Trust, so the Anchal Adhikari (Circle Officer) was being appointed as the trustee, for managing the Dharamshala aforesaid. At the stage of admission itself the counsel for the Bihar State Board of Religious Trust accepted notice and by order dated 25.9.87 this Court stayed the operation of the impugned communication. On behalf of the petitioners it was urged that the Dharamshala in question shall not be deemed to be a religious trust within the meaning of Sec. 2(1) of the Act and the provisions of the Act are not applicable to it. However he submitted that even if it is assumed for the purpose of this application that the provisions of the Act were applicable, the impugned communication could not have been issued in exercise of the powers under Sec. 33 of the Act.

(2.) Sec. 33 of the Act is as follows: - -

(3.) This writ application is, accordingly, allowed. In the circumstances of the case, there shall be no order as to costs. Before we part with this order, we make it clear that we are not expressing any opinion as to whether the Dharamshala in question will be deemed to be a religious trust within the meaning of the Act.