NDLI: Shree Shree Ram Janki Ji Asthan Tapovan Mandir & Anr. Vs. The State of Jharkhand & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Public Interest Litigation Trust s.44 of the Bihar Hindu Religious Trust Act Religious endowment Transfer of land of deity
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Bihar Hindu Religious Trusts Act, 1950 (1 of 1951)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Investigation: Transfer of land of deity – Public Interest Litigation by respondent No. 8 challenging the transfer – No grievance was made by respondent No. 8 to any public authority in respect of the alleged transfer by the Trustees nor any report was lodged before the concerned police station making grievance of any one of the facts stated in the writ petition so as to initiate the process of investigation under the Criminal Procedure Code – High Court held that there is no provision in the original Trust Deed to transfer the property of the Deity but new Trust Deed was prepared with ulterior motive, to usurp the property of the Deity and to facilitate illegal transfer of land of the Deity – High Court further held that there was large scale illegality which required to be enquired into and directed the CBI to enquire/investigate the criminality part in giving such sanction – In the instant appeal, the Trust and the Pujari of the Mandir challenged the directions of High Court on the ground that the Board of Religious Trust had granted approval for transfer of the property – Held: s.44 of the Bihar Hindu Religious Trust Act, 1950 gives power of transfer of immovable property of a religious trust after taking previous sanction from the Board – Such permission is to convert any property of the Trust after approval of the District Judge as provided by s.28 (j) of the Act – Thus, High Court was not justified in creating a suspicion on an act of transferring the land of the Deity – The vesting of the property in Deity is a religious endowment but has no public element in it, the grievance of which can be made in a writ petition filed in the public interest – High Court passed an order directing investigation by CBI by casually returning a finding that permission was obtained by the Trust by misrepresentation and fraud – High Court completely misdirected itself in directing the CBI to take over investigation in a matter which related to the rights of the trustees to sell property of a religious Trust or Deity, giving rise to civil dispute – The order of the High Court is set aside – Bihar Hindu Religious Trust Act, 1950 – s.44 – Public Interest Litigation – Trust – Religious endowment. Constitution of India: Seventh Schedule, List II Entry 1 and 2 – Transfer of land of deity – Challenge to the said transfer – High Court held that there was large scale illegality which required to be enquired into and directed the CBI to investigate – Held: The public order (Entry 1) and the police (Entry 2) is a State subject falling in List II of the VII Schedule of the Constitution – It is a primary responsibility of the investigating agency of the State Police to investigate all offences which are committed within its jurisdiction – The investigations can be entrusted to CBI only in exceptional circumstances – Such power cannot and should not be exercised in a routine manner without examining the complexities and nature of offence – Trust – Religious endowment.
Judge	Hon'ble Mr. Justice Hemant Gupta
Neutral Citation	2019 INSC 609
Petitioner	Shree Shree Ram Janki Ji Asthan Tapovan Mandir & Anr.
Respondent	The State Of Jharkhand & Ors.
SCR	[2019] 8 S.C.R. 137
Judgement Date	2019-05-01
Case Number	4003

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Shree Shree Ram Janki Ji Asthan Tapovan Mandir & Anr. Vs. The State of Jharkhand & Ors.

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Shree Shree Ram Janki Ji Asthan Tapovan Mandir & Anr. Vs. The State of Jharkhand & Ors.

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