RAJASTHANI DHARAMSHALA Vs. THE BIHAR STATE BOARD OF RELIGIOUS TRUST AND ORS.

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioner for quashing a communication dated 29.8.87 passed by the Special Officer, Bihar State Board of Religious Trust, appointing a Committee for the management of Rajasthani Dharamshala at Rajganj Road, Katrasgarh, Dhanbad, in exercise of the powers under Sec. 32 of the Bihar Hindu Religious Trusts Act (hereinafter referred to as 'The Act'). The said communication has been challenged on behalf of the petitioner as unauthorised. Sec. 32 of the Act is as follows: - -

(2.) At the stage of admission itself the counsel for the Bihar State Board of Religious Trust appeared and accepted notice on 25.9.87 when it was directed that an affidavit be filed on behalf of the Special Officer of the Board as to how he has issued the impugned order in exercise of the powers under Sec. 32 of the Act. However, no counter affidavit has been filed.

(3.) It is not the stand of the Board that any scheme had, been settled in accordance with Sec. 32 of the Act before which a Committee had been appointed by the Special Officer to manage the Dharamshala in question. We fail to understand as to how before complying with the other conditions mentioned in Sec. 32 of the Act including framing and then settling a scheme for any such religious trust a committee could have been appointed by the Special Officer.