Judgment S.N.P. Singh, C.J. In this application under Article 226 of the Constitution the petitioners have challenged the validity of the order dated the 20th of April 1972 passed by the Authority under Section 43 of the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act, I of 1951), hereinafter to be called the Act, a copy of the order-sheet containing the impugned order has been made Annexure 2 to this Writ application. 2. The short facts for the disposal of the writ application arc these. In a temple commonly known as Rambilas Mandir situated in village Bharthouli, police station Aurangabad, district Gaya a number of deities are installed. According to the petitioners these deities were installed by their grandfather Shri Rambilas Singh solely for the purpose of worship by the members of his family. For meeting the expenses of the worship of the deities a registered deed of Danpatra in favour of the deities in respect of certain properties mentioned in the schedules of the Danpatra was executed on the 16th of January 1939. According to the petitioners, the executant intended to create a private trust only. After the death of Rambilas Singh, his son Shri Nageshwar Prasad Singh became Sebait and after his death in 1971 petitioner no. 1 is in possession of the endowed properties as sole sebait on behalf of the deities. 3. It appears that the Bihar State Religious Trust Board (Respondent No.1), through the President of the Board, filed an application under Section 43 of the Act, before the Authority (Respondent No.2) in which Shri Nageshwar Prasad Singh was made opposite party. In that application it was asserted that the Rambilas Mandir came under the purview of the Act. The Authority (Respondent No.2) entertained the application and subsequently issued a general - notice for necessary publication. An individual notice was also issued in the name of the father of petitioner no. 1, namely, Shri Nageshwar Prasad Singh by registered post. It, however appears that the registered notice was returned un-served with an endorsement that the addressee was dead. It further appears that subsequently a petition for substitution of the heirs of Shri Nageshwar Prasad Singh was filed by the Board. The Authority, by order dated 11.11.1971, directed that the notice should be issued by registered post to the heirs of Sri Nageshwar Prasad Singh who were substituted in his place. It further appears that subsequently a petition for substitution of the heirs of Shri Nageshwar Prasad Singh was filed by the Board. The Authority, by order dated 11.11.1971, directed that the notice should be issued by registered post to the heirs of Sri Nageshwar Prasad Singh who were substituted in his place. The order sheet (Annexure 2) shows that on 14.12.1971 notices were received un-served with endorsement that the addressees had left their place without giving any address. The order sheet further shows that on 3.1.1972 the Authority directed to send general notice for publication on Notice Board of the District Judge of Gaya. The order sheet further shows that no step was taken for issue of fresh notice to the heirs of Shri Nageshwar Prasad Singh. The application was ultimately heard exparte, and one witness was examined on behalf of the Board. The Authority allowed the application, and, by the impugned order declared the disputed properties to be public trust properties within the meaning of Section 2 (p) of the Act. 4. The main ground on which the order of the Authority has been impugned is, that the mandatory provision as contained in Section 43 (2) (b) of the Act, has not been complied with. It was further submitted that there has been violation of the principles of natural justice, inasmuch as the Authority passed an order without giving an opportunity to the petitioners to be heard. There is substance in the contention raised. As provided in section 43 (2) (a) a general notice has to be published in the prescribed manner calling upon all persons having any claim to such property to file their claims within sixty days from the publication of the General notice. A part from the provision for the publication of the general notice section 43 (2)(b) provides for the service of the notice on the Board as well as on the persons stated in the application or known to such authority to be in possession of the property. Admittedly the notices issued on the petitioners who are the heirs of Sri Nageshwar Prasad Singh were not served on them. The stand of the Board is that since the general notice was published in prescribed manner there was sufficient compliance with the provisions of sub-sections (2) of section 43. In my opinion, it is not possible to accept this contention. The stand of the Board is that since the general notice was published in prescribed manner there was sufficient compliance with the provisions of sub-sections (2) of section 43. In my opinion, it is not possible to accept this contention. The provisions as contained in clauses (a) and (b) of Sub-Section (2) of section 43 are conjunctive and are mandatory in nature, Mere publication of the notice in the prescribed manner calling upon the interested persons to file their claims- within the prescribed time did not dispense with the requirement of issuance of individual notices to the persons who were known to the authority to be in possession of the property. There is, therefore, an error apparent in the face of the order of the Authority allowing the application without serving the notices on the petitioners who are in possession of the properties. In my opinion the petitioners have been greatly prejudiced because the notice were not served upon them and the Authority passed an order under section 43 of the Act, without giving an opportunity to petitioners to be heard. I accordingly allow this application and set aside the order dated the 20th of April 1972 passed by the Authority under Section 43 of the Act. It will be open to the Board, if so advised, to file a fresh application under Section 43 of the Act, before the Authority. In the circumstances there will be no order as to costs. Application allowed.