Bihar Hindu Religious Trusts Act, the State Religious Trust Board is obligated to adhere to the principles of natural justice and hear the affected person: Patna High Court
Case: Ajay Kumar Mahto vs The State of Bihar and Ors
Coram: Justice Harish Kumar
Case No.: Civil Writ Jurisdiction Case No.1086 of 2021
Court Observation: “This Court time without number made it clear that before passing any order or making decision under 28(2)(u) has cautioned the Board to adhere to the principles of natural justice and to provide opportunity of hearing to the interested/evicted person. It is manifest from the impugned order, as contained in Annexure-3, that the order for appointment of trustee is passed without any enquiry or notice to the affected person.”
“It is needless to observe that no law of limitation applies in a writ jurisdiction and wherever and whenever this Court while exercising power of extraordinary jurisdiction under Article 226 of the Constitution can hold and declare any order unsustainable, if it is found to be per se illegal, without jurisdiction and in complete violation of the principles of natural justice.”
“The plea of estoppel, as raised in the present writ petition on behalf of Bihar State Board of Religious Trusts also does not inspire any force, as there cannot be any estoppel against the law that too in a facts where the father of the petitioner had challenged the very appointment of respondent no.6, as trustee, but the same has never been answered. In such an event, fault/laches if any, pointing fingers towards the Board, who failed to discharge its duty,”
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Bihar Hindu Religious Trusts Act
