Hemant Gupta JUDGMENT
Hemant Gupta, J.
1. The present appeal is directed against an order passed by the High Court of Jharkhand at Ranchi on 07.06.2017 directing the Central Bureau of Investigation to investigate and to take appropriate action at the earliest and conclude the investigations preferably within six months. The High Court held as under:
....This Court is of prima facie view that land of the deity could not have been transferred in any case. This large scale illegality needs to be enquired into. Now the question is, who will do so? The land and trust which is involved in this case is of Ranchi. Allegation is against the Government and the Board. Board consists of Government functionaries. In this case, another issue is illegally sanctioning of map by Government Officials. We find, as submitted by the Petitioner that in one Public Interest Litigation being WP(PIL) No. 1531 of 2011 (Har Narain Lakhotia v. State of Jharkhand and Ors.) this Court directed the CBI to enquire/investigate the criminality part in giving such sanction in respect of many buildings of Ranchi. The said order has been upheld by the Hon'ble Supreme Court. This is also one of such case, which needs investigation.
16. On this background, this Court feels that this matter be also entrusted to the Central Bureau of Investigation for investigating the criminality part. This would also include the aspects and the intent involved in creation of Trust Deed dated 20.9.2005, transfer/conversion of land, permission of maps and all other incidental issues involved.
2. The said directions were issued finding that the property of Deity Shree Shree Ram Janki Ji Asthan Tapowan Mandir1 at Ranchi has been transferred against the mandate of the Trust Deed created by the author of the Trust to establish Shree Ram Janki Tapowan Mandir Trust2 on 25.02.1948. The said Trust was reconstituted on 12.05.1987 by virtue of registered deed. Still further, by another deed dated 20.09.2005, there was again reconstitution of the Trust.
3. The High Court entertained the Public Interest Litigation preferred by Respondent No. 8, and held that there is no provision in the original Trust Deed to transfer/sale of the property of the Deity but with ulterior motive, new Trust Deed was prepared in the year 2005 to usurp the property of the Deity and to facilitate illegal transfer of land of the Deity.
4. The directions issued by the High Court are subject matter of challenge before this Court by the Trust and by Pujari of the Mandir. The argument is that there is provision to develop and transfer the property of the Deity. Some of the properties of the Trust were being illegally encroached by local inhabitants and for better return and to increase the funds, the properties were transferred. The appropriate approvals have been obtained from Bihar State Board of Religious Trust and that the learned Judicial Commissioner has granted approval of transfer of immovable property.
5. The High Court found that properties were endowed to the Deity by the Trust Deed of 1948 and that the Trustees became custodian of ........