Deveshkant Singh vs The State Of Bihar on 4 February, 2020
(iii) (v) (vi), the petitioner was removed as the trustee and the Sub
Divisional Officer, Maharajganj was appointed as temporary
trustee under Section 33 of the Act. It was submitted that
thereafter, the Board under Letter No. 3292 dated 25.03.2017 has
constituted a scheme and a fresh Trust Committee has also been
appointed, in which the Sub Divisional Officer, Maharajganj is the
ex-officio Chairman and there are 10 other members, for a period
of five years. Learned counsel submitted that for the relief claimed
in the present writ application, the Act itself provides a remedy of
Patna High Court CWJC No.15159 of 2019 dt.04-02-2020
5/10
moving before the District Judge of the concerned district under
Section 28(3) of the Act with regard to removal of the trustee and
under Section 32(3) with regard to constitution of the Committee.
It was further submitted that as far as the property being a public
property, the remedy is only to approach the competent Civil
Court. For such proposition, learned counsel relied upon a decision
of a Division Bench in Bihar State Board of Religious Trust v.
Sri Raja Prasad Agrawal reported as 2009(2) PLJR 906, for the
proposition that any person aggrieved by any decision of the Board
as to whether it is a public or a private trust is subject to final
decision by the competent Court and the aggrieved person has to
approach the competent Civil Court for annulling such order of the
Board.