In the Court of Sub Judge I, Munger
Title Suit # 53 of 2004
Shree Narayan Singh, s/o late Raghubar Narayan Singh, r/o ‘Uddiyana’, Dalip Mahal, Mo Purabsarai, PS Kotwali, town & Dist Munger, as individual, karta of his HUF, Managing Trustee of the Rai Bahadur Dalip Narayan Singh Trust Estate, Munger and Trustee, Shri Krishna Seva Sadan, Munger.
.... Plaintiff
vs
1. The District Magistrate, Munger. Ex-officio Trustee, Sri Krishna Seva Sadan Trust, Munger.
2. Mr. Wali Rahmani, President, Sri Krishna Seva Sadan Trust, Munger; r/o Khankah, P.S. Kasim Bazar, Munger.
3. Sri Anand Vijay, Adv, General Secretary, Sri Krishna Seva Sadan Trust, Munger; r/o Lal Darwaza, PS Kotwali, Munger.
4. Prof Prabhat Kumar, Secretary, Sri Krishna Seva Sadan Trust, Munger; r/o Shastri Nagar, PS Kotwali, Munger.
5. Sri Durgeshwar Pd Singh, Adv, Trustee, Sri Krishna Seva Sadan, Munger, Fort, Munger.
6. Sri Krishna Chandra Singh, Trustee, Sri Krishna Seva Sadan, Munger, c/o Vijay Talkies, Munger.
.... Defendants First Party
7. Sri Suresh Shankar Sinha, @ Hiraji, Grandson of Sri Krishna Singh, Buddha Colony, East Boring Canal Rd., Patna 800 001.
.... Defendant Second Party
The plaintiff named above begs to state as follows:

That the plaintiff is a permanent trustee of the Sri Krishna Seva Sadan Trust, Munger having been inducted into the Board of Trustees after his father, Babu Raghubar Narayan Singh, now deceased, had become incapacitated nearly fifteen years ago. This is clearly stated on page 3 paras 8-10 of the Karya Vivarana dtd 15-8-1967 published by Sri Krishna Seva Sadan and hereby submitted as Annex P-1.

That this is by virtue of the fact that Babu Raghubar Narayan Singh had donated his entire collection of 10,000 books, together with almirahs, catalogues, tables and chairs, to Sri Krishna Seva Sadan to create that which is now known as Lagnabarti Library to honour the memory of his late mother Lagnabarti Devi. The specific intent behind this donation was to provide access to the residents of Munger to this invaluable repository of learning collected by him.

That all the other trustees except for officials of the Govt of Bihar, who are trustees by virtue of their office, are inducted and they may voluntarily resign, be asked to resign or have their trusteeship/membership terminated in accordance with the provisions of The Indian Trust Act 1882 and The Societies Registration Act 1860.

That Sri Krishna Seva Sadan Trust was registered on under The Societies Registration Act 1860 on 24-2-1958 and is therefore bound to comply with all the provisions of the said act together with the Indian Trust Act 1882.

That accordingly, sec 4 makes it mandatory for the purported General Secretary and/or Secretary of the said trust to make available to all its members, copies of the Deed of Registration and its bye laws, which he has never done until now in spite of repeated requests making various excuses. As such, in spite of various requests made to the Secretary and the purported General Secretary, who has this document in his possession, this plaintiff has never ever seen the Deed which has been registered.

That it is mandatory u/s 4A for the purported General Secretary and/or Secretary to submit a list of the managing body of this trust to the Inspector General of Registration, Govt of Bihar, together with the names and addresses of changes therein. Any failure to do so is punishable under the Societies Registration Act 1860. This has never been done until now.

That moreover Rule 10 of the Bihar Societies Registration Rules, 1965, enjoins that a report of the activities of the organisation together with proper audited accounts be submitted to the Inspector General of Registration, Govt of Bihar, which has not been done for decades as the accounts have rarely if ever, been finalised or passed during an annual general meeting and never audited until now.

That in fact the proceedings of two or three previous meetings clearly state that accounts will be made available by the Secretary to this plaintiff so that he may have them audited.

That on a registered Agreement had been entered into between Sri Krishna Seva Sadan and the State of Bihar on 14-1-1966 concerning the management and funding for the institution. This too has not been made available together with other documents, for inspection and study by this plaintiff in spite of various repeated requests made to the purported General Secretary.

That during the preceding fifteen to twenty years, the condition of Sri Krishna Seva Sadan has rapidly deteriorated and continues to deteriorate for the reasons mentioned below under the watchful eyes of the office bearers of the Board of Trustees who are directly responsible for the current pathetic state of affairs:

That Dfdt # 1, the District Magistrate, Munger, who is the ex-officio trustee of this trust, has not fulfilled his responsibilities to the trust by ensuring that the State of Bihar fulfill its obligation to maintain this library in a good and functional condition by providing the necessary funds to pay wages of the employees of this public library who are being paid less than the statutory daily minimum wage. Nor have the provisions of the Fourth and Fifth Pay Commission been ever implemented in this library by the state. As a result a number amongst them have died due to abject poverty while those retired and currently employed are being denied the provisions of a provident fund.

That those who retire have no provident fund granted to them nor do they receive any pension.

That those currently working there, have each found alternative means of earning their livelihood. Their morale is low with nearly 3 years of pay remaining due to them.

That the library is unable to pay its utility bills, nor is it in a position to purchase newspapers, magazines or books as is expected of, from such an institution. It is being transformed into a piece of dead wood through gross neglect by the State of Bihar which refuses to release any funds for these purposes, as also through the negligence of the office bearers of the Sri Krishna Seva Sadan Trust.

That the building itself is decaying with windows broken, leaking roofs, damaged ceilings, dilapidated furniture and so on. Even the personal effects of Sri Krishna Singh are not being cared for properly, not to mention his vast collection of books. A visit to Sri Krishna Seva Sadan gives one the impression of death and decay, courtesy the State of Bihar as also the office bearers of the present Trust Board.

That it is the responsibility of the trust to take necessary steps to ensure that the State of Bihar fulfills its obligations and take appropriate measures to do so including seeking remedial measures from the hon’ble High Court, Patna.

That even though many employees of the institution have died, Dfdt # 1 has not seen it fit to appoint appropriate people in their place.

That it is the responsibility of the office bearers of the trust to ensure that Dfdt # 1 protects and preserves this institution in spite of which it has never done. The sad plight of august institutions in Bihar due to neglect is known to all.

That it is now clear as daylight that the said Sri Krishna Seva Sadan is fast becoming defunct, the very intent of its creation and continued existence being vitiated. One can hardly find any reading material in the reading room, books are rotting or being destroyed by insects.

That a charitable homeopathic dispensary run by the trust and through which many poor people were being served, has since been closed down due to the mismanagement of the trust under the false pretext of a shortage of funds. In actuality the office bearers of the trust do not have the will to serve the people of Munger; they are clearly motivated to merely serve themselves at the expense of this trust.

That moreover, the trust is no longer making available its premises on rent to the residents of Munger, NGOs and so on for the purposes of benefiting the residents of Munger. Hence it is defaulting in its responsibilities courtesy the office bearers of the Board of Trustees.

That the trust is failing in the enhancement of rents of the premises rented out to various shopkeepers as also in their regular collection with large amounts remaining outstanding.

That an association of medicine retailers of Munger has illegally taken into its possession one portion of the trust properties, right in front of the main gate, obviously with the approval of the so-called General Secretary, and is not paying any rent whatsoever to the trust. The office bearers of the trust are not taking any interest to ameliorate the situation.

That the sorry plight of this once robust institution is a direct statement of the callousness and competence of the defendants.

That the current Board of Trustees comprises a total of 15 members which needs to be reconstituted in accordance with The Indian Trust Act 1882 or The Societies Registration Act 1860, and new, more active members who are actually residents of Munger, be inducted.

That moreover the Board of Trustees of this trust has not been functioning properly for ten to fifteen years now with its office bearers having clearly reached ‘the level of their incompetence’ as stated in the well known Parkinson’s Law that every person rises to his level of inefficiency.

That the current office bearers of this trust and defendants herein have been treating the trust as their personal jagir, in a highly imperious and unaccountable manner, rather than a legally constituted entity within the purview of a democratic constitution. They conduct its affairs according to their whims and fancies in a highly irresponsible and callous manner lacking transparency and accountable to none. They do not have the welfare of this institution at heart, nor that of the citizens of Munger.

That until now this plaintiff has been treated merely as a rubber stamp for the decisions made by other members of the trust, throughout his tenure as trustee making his presence a mere formality and redundant. His suggestions are rarely if ever taken seriously in spite of their rectitude as may be verified from the proceedings of various meetings held since 1990.

That on June 7, 03, this plaintiff, alarmed at the manner of dysfunction prevalent in Sri Krishna Seva Sadan, had submitted a letter to the SDO, Sadar, Munger who had promised to discuss this issue with the District Magistrate, Munger which is attached herewith as P - 2.

That until now, there is no visible evidence of the DM, Munger, of ever having taken any interest in this public library except for attending the odd meeting, signing his attendance and merely acquiescing with the decisions taken by the President and the purported General Secretary actually Secretary.

That a copy of the letter dtd June 7, 03 above, had also been forwarded by hand to Sri Wali Rahmani which was received in his office on 15-6-03.

That it is submitted that subsequent to June 7, 03 this plaintiff had repeatedly phoned up the President at his Khankah residence mid-June and mid-July, but the President had no time whatsoever to even talk to him over the phone. On each such occasion, perhaps ten times in June and similarly in July, his subordinates repeatedly told my client over the telephone, to phone up later, in spite of which the President did not have the time &/or the inclination to even talk to him over the phone, leave alone ask him to come over for a short discussion.

That the fact is that the President is a highly respected and extremely busy person of international repute. A person such as this plaintiff clearly does not feature anywhere in his scheme of things. Clearly he is an extremely important person who has little time to devote to Sri Krishna Seva Sadan. He visits the premises barely once a year and takes absolutely no interests in the affairs of the trust. His presence in the Trust Board or Committee is merely cosmetic as he invariably concurs with the purported General Secretary in all matters. Hence it is averred that he is not a suitable person to be the President of Sri Krishna Seva Sadan Trust. He should be dismissed from the trust unless he voluntarily resigns.

That similarly the General Secretary, earlier the Secretary, is currently legally incompetent to contract, due to an extended paralytic illness by which he has been afflicted for over five years. He can barely walk or converse intelligibly with others.

That resultantly he should have voluntarily resigned as the Secretary a few years ago when he became an invalid. Instead of doing so he clings on to power. He has created the new post of General Secretary for which there exists no provision in the Deed of Trust dtd 24-2-1958 nor does it have the approval of three fifths of the members of the Board of Trustees. Moreover, Inspector General of Registration has not been informed of the creation of this post. Unfortunately he holds delusions of himself as being Bhishma Pitamah. His antecedents too do not recommend him to this plaintiff or other residents of Munger in any way! He too should be compelled to relinquish his post if he does not resign voluntarily.

That the current Secretary of the Board of Trustees is rarely ever seen in the premises of the institution and is apparently not concerned with its welfare neither has he ever made available documents of this trust to this plaintiff for his study and scrutiny or made the accounts of the trust available for proper audit.

That thus he too should resign or be required to relinquish his post! Neither does he make himself available for meetings and discussions with this plaintiff or with any of the staff of the institution.

That it is worth mentioning at this juncture and in direct contrast with para 30 above, that this plaintiff’s illustrious father, the late Babu Raghubar Narayan Singh, during his extended tenure as secretary of Sri Krishna Seva Sadan Trust, in the 1970s had made it a point to attend office every evening as may be verified from the records of those years.

That seeing the current state of affairs, a reputed, learned and experienced person such as Dr. P. N. Jha has already resigned from the Board of Trustees. Even though his resignation has been accepted, the Inspector General of Registration has not been informed of this event.

That the plaintiff too would have resigned from the Board of Trustees out of sheer disgust at its manner of functioning, but he has a continuing and emotive stake in seeing the Lagnabarti Library and the institution preserved for posterity and not destroyed by narrow minded people whose vision is constricted by imperious feudalism.

That currently library timings have been reduced from noon to six to 3 p.m. to 6 p.m. for the simple reason that the library is no longer used by the people of Munger.

That similarly, the membership of the library has been reduced to nil.

That there is no record of the books currently available in Sri Krishna Seva Sadan with hundreds and thousands of books missing, having been stolen from the library or misappropriated by officers of the state and also possibly by the office bearers of the Trust Committee.

That the manner in which affairs of the trust have been conducted by the erstwhile Secretary and now purportedly General Secretary, with the acquiescence of the President, has led to its decay and the present unworkable situation and for which they are personally responsible. This may be deduced from whatever records may be available.

That it may be mentioned here that the President himself has access to millions of dollars, riyals and rupees in donations and if he was to spend even a tiny fraction of this bounty on Sri Krishna Seva Sadan, it could be restored to its previous glory within months and stand out as an institution in this country.

That it has been the plaintiff who has regularly donated magazines to the reading room so that some reading material be available there to the public of a total worth of Rs. 400 per month. Moreover, he has been donating one Hindi newspaper to the reading room daily with Sahara Samay every week. This has never ever been acknowledged by the defendants nor have any of them even cared to express gratitude on behalf of this institution towards him.

That he has also arranged for the gift of books from international organisations to the library in the past which too remains unacknowledged and unappreciated.

That no other trustee has ever volunteered to help this institution in this way until now which in itself is sufficient to disqualify them from their membership of the trust.

That as of this date, very few residents of Munger visit the library premises or spends time browsing through the library which is also grossly out of date.

That given these circumstances, unless appropriate steps are taken to rectify the above, the plaintiff has decided to withdraw completely from Sri Krishna Seva Sadan, together with the gift of books and so on made by his illustrious father, and as of two months of service of this notice, will cease to make any further contributions to it in any manner.

That the magazines and newspapers which have been donated by the plaintiff until now may be sold by the trust and the money used to pay its utility bills and so on.

That the plaintiff had received a notice from the current Secretary convening a meeting of the Board of Trustees on Aug 16, 03 at 1630 hrs which he did not attend for a variety of reasons.

That firstly the Notice dtd 26-5-03 convening this meeting itself suffers from various legal lacunae, nor was it ever served to all the members of the Trust Board in a legally acceptable manner with the names and addresses of every trustee mentioned on the notice, or obtaining their signatures. Hence the meeting dtd 16-8-03 is illegal and its purported decisions not binding on my client. A copy of this notice is being attached as Annex P - 3.

That subsequently the Secretary has not even cared to send a copy of the minutes of that meeting dtd 16-8-03 to the plaintiff for his study and possible approval. This mandatory requirement has not been adhered to which is yet another reason as to why that purported meeting is invalid and not binding on the plaintiff and the Sri Krishna Seva Sadan Trust.

That on the contrary, the defendants purposely avoid any interaction with the plaintiff as they will be unable to answer the valid questions put to them by the plaintiff.

That similarly, none of the other trustees who did not or were unable to attend, have been sent copies of the purported meeting or their approval solicited or obtained as is required under law. This in itself is sufficient ground for declaring the meeting purportedly held on Aug 16, 03 as null and void and not binding on this plaintiff and the trust.

That the following had supposedly attended this meeting: The DM, Munger; Janab Wali Rahmani, President; Sri Anand Vijay, General Secretary; Prof Prabhat Kumar, Secretary; Sri Krishna Chandra Singh or Sinha, Trustee, Dfdt #s 1-5.

That from amongst these five, the General Secretary, since he is both physically and mentally incapacitated, had not even alighted from his car at Sri Krishna Seva Sadan. He had merely signed his attendance on the minute book, telling the other trustees that he is in any case, in agreement with whatever they may decide.

That this is wholly irregular and legally unacceptable, hardly needs to be mentioned. In fact Sri Anand Vijay, Dfdt # 3, is required to relinquish his office with immediate effect since he is now legally incompetent to contract due to the rapid deterioration of both his physical and mental condition.

That thus the required quorum for that purported meeting was never there and all its resolutions are illegal and not binding upon the plaintiff or upon the trust.

That the purported General Secretary will not resign is apparent, for the simple reason that proper accounts of the trust have not been kept during his tenure as Secretary under one excuse or another. This clearly means that he has embezzled trust funds under the ever watchful eyes of the President Janab Wali Rehmani, Dfdt # 2, who has until now taken no steps to rectify the situation. This makes him equally culpable, and he no longer has the moral or legal right to continue as the President of this trust as it is during his tenure that the institution has deteriorated to its present condition.

That hence proper accounts of the trust have not been maintained for years, even though resolutions have been passed during meetings to finalise them and make them available to the plaintiff for getting them audited.

That it is the responsibility of the defendants to produce all the accounts and various other documents of this trust for the simple reason that they have never been made available to the plaintiff until now as may be verified from the documents of the trust.

That there is every reason to believe that the office bearers of this trust have already tampered with the records of this trust in an attempt to prove their innocence.

That in the interests of justice and the protection of the assets and records of this trust, it is important that this learned court immediately take possession of all the almirahs and documents of Sri Krishna Seva Sadan Trust and take complete charge of the functioning of this trust through the appointment of a receiver, until new members are inducted into this trust committee by the orders of this learned court.

That through an ad interim injunction order, the present office bearers be restrained from functioning as before, as then it is highly probable they will further jeopardise the functioning of the trust by removing documents, tampering with them and so on.

That only by doing so will it be possible for the court to ascertain the level of rot present in this once flourishing institution courtesy the present office bearers against whom it may even be necessary to institute criminal proceedings.

That during that purported meeting, dtd Aug 16, 03, the plaintiff has been informed that two new trustees have been inducted -- Sri Suresh Chandra Mishra who lives in Patna who was once the DM of Munger, and Md. S. M. Javed who is the son of the late Gani Saheb, r/o Soji Ghat, PS Kotwali, Munger. He currently lives in New Delhi in Vasant Kunj, Tel # 011 2613 6671, is reportedly a son in law of the Vice Chancellor of the Jamia Millia University, New Delhi and a man of a checkered reputation.

That yet again the President and other office bearers of this trust have inducted two ciphers as trustees -- Sri S. C. Mishra, a person living in Patna, and Md. S. M. Javed, living in New Delhi. They can hardly have the interests of Sri Krishna Seva Sadan at heart or even devote any part of their retired or active life to serving this institution primarily as they live away from Munger.

That similarly the trust board comprises a number of members who have never ever attended any meeting leave alone take interest in the trust. They are Sri Durgeshwar Pd Singh and Smt. Usha Sinha, Former Minister, GOI. The plaintiff has been informed that the former has moved to Begusarai whilst the whereabouts of the latter is unknown.

That the Trust Board also includes five members nominated by the Govt of Bihar, viz. 1. The Commissioner of Education, Govt of Bihar, Patna; 2. The Supdt of Libraries, Govt of Bihar, Patna; 3. The D. M., Munger; 4. Sri Rajo Singh, former MP; 5. Sri Chandreshwar Singh, now deceased.

That accordingly two places are now vacant but the Board of Trustees has never approached the DM, Munger, Dfdt # 1 or the Govt of Bihar with the request that these vacancies be appropriately filled nor have they even cared to nominate members on its own.

That if one was to go into the various acts of commission and omission of the present office bearers of the Sri Krishna Seva Sadan Trust, it would cover an entire volume. It will suffice here to mention that mismanagement of this institution has become the order of the day and there is none to stop this.

That it is now essential that the Trust Board be reconstituted completely to include younger and more active citizens of Munger, actively concerned about the welfare of this institution and that of the residents of Munger, rather than pompous and imperious personalities as are currently present, who have not time to devote, or absentee or cipher trustees or those interested merely in holding on to power for its own sake.

That one of the trustees Durga Pd Mishra has died 19-3-04 and it is essential in the interests of justice that the current Board of Trustees be restrained from nominating yet another cipher to take his place so vacated.

That the plaintiff proposes that since it is the people of Munger specifically and all the residents of the State of Bihar and India, who are the direct beneficiaries of this institution, it is they who should be directly involved in the running of this institution, rather than the present office bearers and an assortment of people living away from Munger.

That the plaintiff proposes that hence not more than one person of a particular caste or community be on the Board of Trustees which should also comprise as mentioned in para 69 below.

That the plaintiff therefore proposes that it be made mandatory that the Deed of Trust be amended through a legal process or through a majority resolution of the Board of Trustees, so that the following NGOs of Munger be compulsorily represented in this trust, viz. Bihar Yoga Bharati; RD & DJ College, Munger; Chamber of Commerce, Monghyr Club, Rotary Club; Lions Club; IMA; and Notre Dame Academy, Munger.

That similarly a provision be made for qualified ladies to be members of the Trust Committee of Sri Krishna Seva Sadan Trust.

That various people authorised and unauthorised are permanently occupying the residential quarters in Sri Krishna Seva Sadan. This needs to be investigated by this learned court and appropriate action taken in the public interest.

That it is prayed that this learned court be pleased to dissolve immediately the Board of Trustees and reconstitute it including this plaintiff, who is necessarily a trustee.

That moreover this learned court be pleased to appoint a commissioner to take charge of all the affairs of this trust, investigate the above allegations and take appropriate measures to re-establish the trust as a viable organisation functioning in accordance with law but not the whims and fancies of various select individuals.

That the suit properties of the said Sri Krishna Seva Sadan is situated in the town of Munger, adjacent to the eastern gate of the fort, within the pecuniary and territorial jurisdiction of this court, hence the suit is being filed in this court.

That the cause of action for this suit arose on June 7, 03, the date on which a letter was sent to the SDM, Munger, Aug 16, 03 the date of the purported meeting of the said trust, Sep 7, 03, the date when a legal notice u/s 80 CPC was issued by the plaintiff through his advocate Sri Birendra Kumar and lastly on Sep 10, 03 when the pltff was refused access to deeds and documents of this trust by the purported General Secretary and Secretary, as also on various dates in preceding years.

That the requirements as mentioned in the legal notice were not complied with by the defendants, necessitating this suit.

That the suit is valued at Rs. 60,000/- and is declaratory in nature and at Rs. 100/- for the purpose of injunction, total valuation is Rs.60,100/- for which the declaratory court fees of Rs. 250/- and Rs.13/- for injunction, total Rs. 263/- is being paid herewith.

That the plaintiff prays for the following reliefs:

That this learned court be pleased to issue an ad interim injunction restoring the timings during which the library is to remain open to its original timings.

That this learned court be pleased to issue an ad interim injunction staying the reconstitution of the Trust Committee as per the purported resolutions taken Aug 16, 03.

That moreover this learned court be pleased to dissolve the current board of trustees except for this pltff who is a permanent member of the Board of Trustees and Govt officials who are trustees by virtue of their office.

That this learned court be pleased to appoint a receiver to take charge of all almirahs and documents and manage the affairs of the trust until the disposal of this suit and the constitution of a new board is constituted by this learned court.

That a copy of the registered Deed of Trust and registered Agreement together with all the accounts and proceedings of meetings be made available to this plaintiff together with all the other records of the trust for his study and perusal.

That the defendants be held accountable for the funds which have been at their disposal for nearly two decades now and submit proper audited accounts immediately.

That this learned court may also be pleased to institute criminal proceedings against defaulting members of this trust for misappropriation of funds, mismanagement of the trust and so on.

That the defendants be held accountable for all their other actions of commission and omission in that they have never complied with the requirements as given in the Indian Trust Act 1892 and the Societies Registration Ac 1860.

That the current Board of Trustees be dissolved and new members more aware of the laws governing the trust be inducted as prayed for in para 66 - 72 above.

That it be ordered that hence no person not resident in Munger shall ever be appointed as a trustee.

That it be ordered that it is mandatory for Defendant Second Party or his immediate family member to be on the Board of Trustees.

That the all illegal occupants of various parts of the property of this trust be ordered to vacate the premises forthwith and vacant possession be handed over to the receiver.

1That this learned court may be pleased to award costs of this suit to the plaintiff.

That this learned court may be pleased to award any other relief or reliefs to this plaintiff.

Filed through

Advocate

Verification.
I, Shree Narayan Singh, do hereby solemnly swear and affirm that the contents of this plaint are true to the best of my knowledge and belief and that I have concealed nothing.
1Verified this 1st day of April 2004 within the civil court premises of Munger.
Filed through
Advocate


From: Sri Birendra Kumar, Adv.,
Mint Orchard, Jamalpur Rd., Puranigunge, Munger 811 201. Bihar.
To: The District Magistrate, Munger.
Under copy to:
1. The President of India by e-mail;
2. Chief Minister of Bihar.
3. The Inspector General of Registration, Govt of Bihar, Patna, Bihar.
On behalf of:
Shree Narayan Singh, Managing Trustee, Rai Bahadur Dalip Narayan Singh Trust Estate, Munger & Permanent Trustee, Shri Krishna Seva Sadan Trust, Munger,
S/o late Raghubar Narayan Singh, r/o‘Uddiyana’, Dalip Mahal,
Mo. Purabsarai, PS Kotwali, Munger 811 201. Bihar.
Tel #s 221157, 222291, 94312 36068/71/73

Sir,
Upon perusal of the necessary documents and oral instructions of my client named above, I hereby serve you this legal notice to the following effects:

That my client has filed Title Suit # 53 of 2004 in the Court of the learned Sub Judge I, Munger March 31, 04 against you and various other office bearers of this trust, concerning grotesque irregularities which continue to be committed by them.

That this suit has been admitted and is still pending a copy of which is hereby attached.

That the reliefs sought for include an injunction against the present President, Secretary and others, including yourself.

That yet another relief prays for the dissolution of the current Board of Trustees and its reconstitution along egalitarian principles including members of various communities all resident in Munger.

That various other reliefs have been sought, which are given in detail in the attached plaint.

That you have yet to appear in this case and submit your written statement and you are urged to do so with alacrity.

That in spite of this case pending before the learned Sub Judge I, Munger, you have been misguided by Wali Rehmani the purported President of this trust and Prabhat Kumar, the purported Secretary concerning the situation with Shri Krishna Seva Sadan Trust which is the rightful owner of the building and premises of this institution.

That a copy of the said title suit is being submitted to you herewith as clearly you have no knowledge whatsoever concerning this suit.

That should you have complete knowledge of this suit and in spite of this you have sanctioned Rs. 15 lakhs for the purported upkeep and maintenance of this trust then you are all the more culpable for pampering to the wishes of a powerful caucus which certainly has shown no inclination to wish the people well as is evident from the high handed manner in which they have been running the trust. Neither do these two care for the priceless collection of books housed in this library.

That it is in the public interest that first all the affairs of this trust be regularised, a new Trust Committee constituted and then the process of renovation handed over to the appropriate people with bona fide interests.

That moreover, even though my client is a permanent trustee, the above two have not even cared to consult him or inform him of any renovation being planned by them.

That you are therefore requested to study this plaint being submitted herewith, call for the relevant records from your legal section and take appropriate steps for the resuscitation of this august institution after due application of mind, rather than being swayed by misrepresentations of the purported office bearers of this trust.

That my client will be only too happy to present himself before you concerning this matter for which you may be pleased to set an appropriate appointment.

That it is clear that it is in the public interest that Shri Krishna Seva Sadan be revived but given the abysmal track record of the present purported office bearers it must not be done under them.

That under the Right to Information Act 2005, it is incumbent for you to provide full details of any proposal submitted to you by the purported President and Secretary of this trust, to my client.

That moreover no steps may be initiated by you in this context without consulting my client and keeping him fully informed, particularly the release of funds to the purported President and Secretary.

That a copy of this notice is being kept in my office for reference and further use.

Yours sincerely,

Birendra Kumar, Adv.