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CASE NO.: Appeal (civil)  5880 of 2000

PETITIONER: The Bihar State Board of Religious Trusts & Anr

RESPONDENT: Vishwamath Prasad Lohia & Ors

DATE OF JUDGMENT: 14/09/2007

BENCH: S.B. SINHA & HARJIT SINGH BEDI

JUDGMENT:

J U D G M E N T

CIVIL APPEAL NO. 5880/2000 WITH CIVIL APPEAL No. 5879/2000

HARJIT  SINGH BEDI,J.

1.      This appeal has been preferred by the Bihar State Board  of Religious Trusts etc. impugning the judgment of the  Division Bench of the Patna High Court dated 27.9.1991  quashing the Notification dated 5.8.1989 issued under sub- section (2) of Section 29 of the Bihar State Board Religious  Trust Act, 1950 (hereinafter called the "Act") whereby the  committee said to have been constituted on the basis of the  trust deed dated 26.9.1983. 2.      It has been argued by the learned counsel for the  appellants herein that the requisite notice under sub-section (2)  of Section 29 of the Act had been issued to the committee prior  to its supersession and as such the impugned judgment holding  to the contrary was not correct.  We however find that the  notice given to the committee proposing supersession is a  composite one under section 29(2) and section 32 of the Act.   The High Court has found that the said Notification  (Annexure-3) dated 5th August 1989 was not in accordance  with the provisions or in terms of section 29 of the Act and did  not also meet the parameters of the scheme which have been  formulated later under section 32.  It had also come during the  course of the hearing before the High Court that Civil Suit No.  207/1986 seeking a declaration, inter-alia, that the trust deed  dated 26th September 1983 was a void document as well as  several other issues was pending trial.  The Division Bench  opined that as the matter was sub-judice before the Civil Court  it would not be necessary or appropriate to go into the  questions raised before the Civil Court but in so far as the  aforesaid Notification was concerned it having been issued  under section 29(2) of the Act without giving a proper hearing  to the committee and the scheme under section 32 of the Act  being not in accordance with law was liable to be quashed.  It  is in this situation, the present appeals have been filed by the  Board. 3.      We have heard the learned counsel for the parties and  gone through the record and in particular the notices allegedly  given to the committee before its supersession as also the  scheme framed under section 32 of the Act.  We note the  finding of the High Court that there was no evidence to show  that the notices had been served under section 29(2) cannot be  seriously challenged.  We also find  that Civil Suit with regard

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to the validity of the trust is pending in the Civil Court.  We  accordingly dismiss the appeals but while doing so direct that  the status quo as exists today will continue till the disposal of  the appeals.  We also direct that a fresh show cause notice  under section 29(2) will be given to the committee and both  parties will be at liberty to produce their documents before the  Board within four months from the date of the service of the  notice and that status-quo as exists today will continue to  operate till the final disposal of the matter by the Board in  proceedings under section 29(2) of the Act. 4.      The appeal is disposed of accordingly 5.      Civil Appeal No. 5879/2000 is disposed of in terms of the  judgment in Civil Appeal No.5880/2000.