Bihar State Board Of Religious vs Sri Raja Prasad Agrawal & Ors on 2 December, 2008
5. Submission is that because this order has attained
finality having remained unchallenged by the said Biral Hazam it has
concluded the relationship and there cannot any finding contrary to
this by the revisional authority as well as appellate authority has been
done in the present case while exercising their power under the Act,
1956. According to learned counsel, the order as contained in
Annexure-5 is appealable order but there being no appeal against the
same the order shall be binding upon all concerned. Reliance in this
regard has been placed upon a judgment of the Division Bench of this
Patna High Court LPA No.1630 of 2016 dt.20-09-2017 4
Court in the case of Bihar State Board of Religious Trust Vs. Sri
Raja Prasad Agrawal & Anr. reported in 2009(2) PLJR 906 and
in the case of Mishri Lal Mahto Vs. The State of Bihar & Ors.
reported in 2002(1) PLJR 195. It is submission of the learned
counsel for the appellant that the property is a public trust property or
not it could have been decided only by a duly constituted Tribunal
under the Bihar State Religious Trust Board Act, therefore, the
impugned order passed by the appellate authority and the revisional
authority are fit to be set aside.