He left three disciples, Vishnu Das, Bhagwat Das and Rameshwar Das.
This application was companytested by Mahant Ram Saroop Das, who said that the properties appertaining to the Salouna asthal did number companystitute a public trust within the meaning of the provisions of the Charitable and Religious Trusts Act XIV of 1920 and therefore he was number accountable to any person.
Bhagwat Das died sometime in 1935 and again a dispute arose between one Rameshwar Das, the youngest chela of Mahant Lakshmi Das, and Ram Saroop Das who is the present Mahant and appellant before us.
10 of 1941 dated March 5, 1943, the High Court gave a declaration to the effect that the Salouna asthal and the properties appertaining thereto did number companystitute a public trust within the meaning of the provisions of the Charitable and Religious Trusts Act, XIV of 1920 .
Thereafter on January 22, 1954, the appellant made his application under Art.
Mahabir Prasad, Advocate General for the State of Bihar, Ishwari Nandan Prasad and S. P. Varma, for the respondents.
About two hundred years ago, he built a small temple at Salouna in which he installed a deity called Sri Thakur Lakshmi Narainji.
10 of 1941.
K. Jha, B. K. P. Sinha and R. C. Prasad, for the appellant.
226 of the Constitution in which he averred a that the Salouna asthal was number a religious trust within the meaning of the Act b that the properties appertaining thereto did number companystitute a religious trust and the appellant was number a trustee within the meaning of the Act e that the Act did number apply to private trusts and d that the demand made by the respondent Board amounted to an interference with the appellants fundamental right to hold the asthal properties.
On November 14, 1952, this Board, in exercise of the powers companyferred on it under s. 59 of the Act, asked the appellant to furnish to the Board a return of the income and expenditure of the asthol.
It came into force on August 15, 1951.
The appellant replied by a letter dated December 1, 1952, that the Salouna asthal was a private institution to which the Act did number apply, and also drew the attention of the Board to the judgment and decree of the High Court in First Appeal No.
Appeal from the judgment and order dated September 13, 1954, of the Patna High Court in Misc.
Such a suit was brought in the companyrt of the Subordinate Judge of Monghyr who, however, dismissed the suit.
Then, there was an appeal to the High Court of Patna and by the judgment and decree passed in First Appeal No.
He built a new temple in 1916 into which he removed the deity from the old temple and installed two new deities, Sri Ram and Sita.
343 of 1955.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Board, however, gave a reply to the effect that it was number bound by the declaration made by the High Court and asked the appellant to obtain a declaration in respect of his claim under the provisions of the Act or to submit a return.
The appellant accordingly prayed for the issue of a writ quashing the order of the respondent Board requiring the appellant to submit a return of income and expenditure and also for an order directing the respondent Board and its officers to refrain from interfering with the appellant in his right of management of the Salouna asthal and the properties appertaining thereto.
April 1,5.
39 of 1954 in that companyrt, which the appellant had instituted on an application made under Art.
The Bihar State Board of Religious Trusts one of the respondents before us was companystituted under this Act to discharge in regard to religious trusts other than Jain religious trusts the functions assigned to it under the several provisions of the Act.
The Judgment of the Court was delivered by K. DAS, J. This appeal on a certificate granted by the High Court of Patna is from a judgment of the said High Court dated September 13, 1954, in a writ proceeding numbered as Miscellaneous Judicial Case No.
It was alleged that one Mahatma Mast Ram Hindu saint, owned and possessed companysiderable properties in the district of Monghyr in the State of Bihar.
Some eight years later, the Bihar Hindu Religious Trust Act, 1950 Bihar I of 1951 , hereinafter referred to as the Act, was passed by the Bihar Legislature and received the Presidents assent on February 21, 1951.
By that settlement it was arranged that Vishnu Das would succeed Mahant Lakshmi Das as the shebait and would be succeeded by Bhagwat Das, and thereafter the ablest bairagi of the asthal, born of Brahmin parents, would be eligible for appointment as shebait.
Case No.
He was succeeded in turn by some of his disciples, one of whom was Mahant Lakshmi Dasji.
39 of 1954.
A dispute arose among these disciples about succession to the gaddi, which was settled sometime in February 1919.
226 of the Constitution in the circumstances stated below.
Mahant Ram Saroop Das also applied for and obtained permission under s. 5 of the aforesaid Act to institute a suit for a declaration that the Salouna asthal and the properties thereof did number companystitute a public trust.
Mast Ramji died near about the year 1802.
This temple came to be known as the Salouna asthal.
in 1919 Mahant Lakshmi Dasji died.
