Created by Fuzzy Cloud

Patna High Court

Ashok Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The appeal is disposed of without interfering with the Board’s order, and the Board is directed to determine the nature of the trust under Section 28(2)(u) of the Bihar Hindu Religious Trusts Act, 1950.

Summary

Ashok Kumar Singh, manager of Shri Thakur Jeet Mahabir Jee Mandir, appealed against an order of the Bihar Hindu Religious Trust Board that barred the sale or mortgage of temple property pending a determination of whether the trust is public or private. The Single Judge dismissed the writ petition, upholding the Board’s restraining order. On appeal, the Patna High Court noted that the matter was sub‑judice before the Board and no stay order existed. The Court directed the Board, under Section 28(2)(u) of the Bihar Hindu Religious Trusts Act, 1950, to decide the nature of the trust within three months and to cooperate for early disposal. No further relief was granted and the appeal was disposed of.

Issues considered

  • Whether the order restraining alienation of the trust property should be quashed.
  • Whether the trust in question is a public or private trust under the Bihar Hindu Religious Trusts Act, 1950.

Subjects

  • religious trust
  • public trust
  • private trust
  • alienation of property
  • Bihar Hindu Religious Trusts Act
  • letters patent appeal
  • civil writ jurisdiction

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.57 of 2025
                                           In
                    Civil Writ Jurisdiction Case No.3282 of 2022
     ======================================================
     Ashok Kumar Singh Son of Late Ramta Prasad Singh, Resident of Village
     Mojari, P.S. - Shivsagar, District- Rohtas, at Sasaram, the Manager of Shri
     Thakur Jeet Mahabir Jee Mandir, Mojari.


                                                                ... ... Appellant/s
                                       Versus
1.   The State of Bihar Revenue Secretary, Government of Bihar, Patna.
2.   The Bihar State Board of Religious Trust, through its Chairman, Vidyapati
     Marg, Patna.


                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s    :     Mrs. Mahasweta Chatterjee, Advocate
     For the Respondent/s   :     Mr. Additional Advocate General (12)
     For the Board          :     Mr. Ganpati Trivedi, Sr. Advocate
                                  Mr. Saurav Suman, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
             and
             HONOURABLE MR. JUSTICE HARISH KUMAR
     ORAL JUDGMENT
     (Per: HONOURABLE THE CHIEF JUSTICE)

      Date : 18-02-2026
                The Letters Patent Appeal has been filed challenging

      the order dated 13.12.2024 passed by the learned Single Judge

      of this Court in C.W.J.C. No. 3282 of 2022. By filing the writ

      petition, the appellant/petitioner prayed for quashing a part of

      the order dated 20.07.2021, by which the Chairman and other

      members of Bihar Hindu Religious Trust Board directed the

      parties not to Sale, Mortgage the property involved in the case.

      The appellant/petitioner further sought a direction to the
Patna High Court L.P.A No.57 of 2025 dt.18-02-2026
                                             2/4




         respondent no. 2, Bihar State Board of Religious Trust, to hear

         the case and decide the nature of the trust by full-fledged Board.

                      2. The learned Single Judge after hearing the parties,

         has been pleased to observe as follows:-

                                           “8. It is yet to be decided as to whether
                                           the Trust in question, is public or private.
                                           I am of the view that unless the nature of
                                           the trust whether it is public or private is
                                           adjudicated upon, any person cannot
                                           alienate the properties relating to the
                                           trust. The learned President of the Board
                                           has restrained all the parties from
                                           alienating the properties and he directed
                                           to maintain status quo by the impugned
                                           order dated 20-07-2021. The order of the
                                           Board is well reasoned and it requires no
                                           interference.”

                      3. Aggrieved with the order of dismissal of the writ

         petition, the Letters Patent Appeal has been filed.

                      4. When the matter was taken up on 29.01.2026, we

         asked the learned counsel for the respondents to obtain

         instruction regarding the status of the proceeding before the

         Trust and whether there is any kind of stay order passed by this

         Court or by any other Court in connection with the said case.

                      5. Today the learned counsel for the respondents

         submitted that there is no stay order by any Court and the matter

         is sub-judice before the respondent no. 2 and notice has been
Patna High Court L.P.A No.57 of 2025 dt.18-02-2026
                                             3/4




         issued to the appellant, Ashok Kumar Singh, asking him to

         appear on 20.02.2026.

                      6. The learned counsel for the appellant submits that

         since notice has already been issued, the appellant will co-

         operate with the early disposal of the proceeding and necessary

         direction may be issued to the concerned authority to expedite

         the hearing.

                      7. The learned counsel for the respondents have no

         objection to such submission made by the learned counsel for

         the appellant.

                      8. Considering the submissions advanced by the

         learned counsel for the respective parties, the respondent no. 2 is

         directed to decide the nature of Trust, in question, under Section

         28(2)(u) of the Bihar Hindu Religious Trusts Act, 1950 in

         connection with Shri Thakur Jee and Mahavir Jee Mandir.

                      9. No adjournments shall be granted to any of the

         parties and it is expected that both the parties shall co-operate

         for early disposal of the case. The respondent no. 2 shall take all

         sincere efforts to conclude the proceedings at an earliest,

         preferably within a period of three months from the date of

         receipt of the order. The appellant shall produce the certified

         copy of the order before the concerned authority.
             Patna High Court L.P.A No.57 of 2025 dt.18-02-2026
                                                          4/4




                                   10. The Letters Patent Appeal stands disposed off.




                                            (Sangam Kumar Sahoo, CJ)


                                                    (Harish Kumar, J)
supratim/-
AFR/NAFR                       NAFR
CAV DATE                       NA
Uploading Date                 20.02.2025
Transmission Date              NA


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.