Title-Ajay Kumar Vs The State of Bihar &ors.
Decided on-22/12/2023
+CWJC No.-1086/2021
CORAM-HON’BLE JUSTICE HARISH KUMAR
FACTS
As per the facts of the case The petitioner being Successor-in-interest of the land donot late Mostt.Jaleshwari,who dedicated her own land measuring 3 kathas in favour of the deities-Sri Ram Chandra Jee& Sri Lakshman Jee& Sri Janki jee & Sri Hanuman jee through a deed of samarpan Nama is declared as shebait of the temple.All these deities are installed in an old temple,which is out and out a private & personal temple of the family of the donors ,neither the general public nor the board has got any concern with the management, worship and Bhog-Rag of the temple.As per the learned council for petitioner states that only the successor of her family could become the shebait of the deities hence neither the Board bir the Respondent no.6 had any claim over the property or right tu interfere in the peaceful management of the deities.He further submitted that respondent no.6 apart from stranger of the villagers is a fraud claiming himself to be a sanyasi and shebait of the temple but the fact is that he had no connection with the family of the said land donor.It is also states that father of the petitioner came to know about the impunged order challenged the same before the Board By filing a petition on 01/08/2013 but till now no orde has been passed and his father died in the meantime, waiting any response from the Board
Law Involved/Legal Provisions
As the petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking quashing of the letter dated issued by the respondent no 5 where the respondent no.6 has been appointed as Trustee of the temple without the procedure followed under the law.Tge petitioner further sought relief to hold and declare that neither the Bihar state Board of Religious Trust,Patna nor the Respondent no.6 has got any concern over the lands and properties of the deities as well as temple and also pray for restraining into the smooth functioning and management of the Rag-Bhog & other daily routine of the deities.
Issue raised
Whether the order passed by the president,Bihar State Board of Religious Trust is valid?
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing both the parties and perused the material available on record observed and state that it is evident that for the purpose of Declaration of Religious Trust,not only express declaration rather it can be declared construction of temple.It is worth mentioning that donation and worship by the public cannot be treated as a public temple.It is also clear that before passing any order under 28(2)(u) has cautioned the Board to adhere to the principles of natural justice.It is manifested from the impunged order for appointment if trustee us passed without any enquiry or notice to the affected person.The challenge of the appointment of Respondent no.6 had also been made by the father of the petitioner but remained unanswered.The plea of delay and as such writ petition being barred by limitation is concerned well settled it is that any order which is wholly without jurisdiction,void and initio can be challenged at any point of time mere passage of time would not get it sanctified.It is needless to observe that no law of limitation applies in a writ jurisdiction and wherever and whenever the court exercising power if extraordinary jurisdiction under Article 226 of the Constitution can hold and declare any order unsustainable if found per se illegal without jurisdiction and in complete violation of the principles of natural justice.In aforesaid settled legal position the impunged order prima facie ut appears that the same has been passed on the application filed by Respondent no.6 after obtaining the recommendation without there being any enquiry or providing opportunity of hearing to the affected person.The plea is estoppel as raised in present writ petition on behalf of Bihar State Board of Religious Trusts does not inspire any force as there cannot be any estoppel against the law.In sofar the court find that the petitioner is able to make out good grounds to interfere in the impugned order and accordingly the impugned order to the writ petition under the signature of President,Bihar State Board of Religious Trust is hereby set aside and The Respondent Religious Trust Board shall carefully look into all the documentary evidence and also get local enquiry before passing the final order.The petitioner having come to know about the order of the Hon’ble court passed on being advised by hus lawyer filed L.P.A and the learned Division Bench having taken note of the dispute and pendency of the writ petition disposed of the LPA with a direction to the parties to agitate their cause in the present writ petition without making any observations on the merit of the case.
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