Patna High Court - Orders
Sri Shirdi Sai Kripa Dham Mandir Trust, vs The State Of Bihar on 6 May, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10071 of 2019
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Sri Shirdi Sai Kripa Dham Mandir Trust & Ors.
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh, Advocate
Ms. Vagisha Pragya Vacaknavi, Advocate
Mr. Sanjeev Kumar Shrivastava, Advocate
For the Respondent/s : Mr. Subash Chandra Yadav, GP-15
For Bettiah Raj Estate : Mr. Anjani Kumar, Sr. Advocate (AAG-4)
Mr. Shailendra Kumar Singh, AC to AAG-4
Mr. Utkarsh Bhushan, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 06-05-2024Heard Mr. Binod Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Anjani Kumar, learned AAG-4 for the State duly assisted by Mr. Shailendra Kumar Singh, learned AC to AAG-4.
I.A. No. 02 of 2020
2. The present Interlocutory Application has been preferred for the following relief:-
"to grant leave to temporary settlement/lease of the Bettiah Raj lands and collection and generation of Revenue for meeting expenses on the audit of accounts, legal expenses in suits/writs, property maintenance and salary payment to Patna High Court CWJC No.10071 of 2019(7) dt.06-05-2024 2/6 employees of Bettiah Raj u/s 5, 14 and 16 of the Court of Wards Act 1879."
3. Mr. Anjani Kumar, learned AAG-4 submits that after the direction of the Court on 09.09.2019, detailed chart of the lease properties of Bettiah Raj which included the house/shops/agricultural lands within the jurisdiction of the State of Bihar and Uttar Pradesh were provided.
4. Further, in view of the order No. 2, dated 17.05.2019 by which, it was observed that no land of Bettiah Raj shall be settled without the leave of the Court, for five years, the entire process has been stalled having adverse affect. He gave an instance that due to the non-settlement of the tempos and tanga stand which otherwise could have fetched Rs. 45,00,000/- annually, loss is being incurred continuously as the same could not been settled. The submission is that this in no way is connected to the prayer sought for in the writ petition.
5. A copy of the Interlocutory Application was provided to the learned counsel for the petitioner on 20.02.2020 and there is no reply on record. This Court is surprised to see that the Interlocutory Petition remained pending for four years and finally now, it is being taken up for hearing. The fault also partly lies on the part of the State for not mentioning the matter Patna High Court CWJC No.10071 of 2019(7) dt.06-05-2024 3/6 earlier. Now, it has seen the light of the day due to the efforts taken by the learned AAG-4.
6. In view of no opposition and/or any reply to the said Interlocutory Application for the last four years on behalf of the petitioner, this Court deems it fit and proper to allow the application.
7. I.A. No. 02 of 2020 is allowed with following conditions:
"(i) any such decision/transaction either relating to settlement or transfer of any land of Bettiah Raj will have to be placed before the Collector, West Champaran and it has to be stamped by him and under no circumstances, he/she can delegate this power to any other Officer of the district;
(ii) once it is stamped by the Collector, West Champaran, the same shall be sent to the Board of Revenue, Bihar, Patna for approval immediately;
(iii) only after it is approved by the Board of Revenue, Bihar, Patna that the Patna High Court CWJC No.10071 of 2019(7) dt.06-05-2024 4/6 same will be enforceable;
(iv) the Board of Revenue, Bihar, Patna shall convene meeting with the Collector, West Champaran in attendance and issue guidelines/time frame within which the aforesaid decisions/approval is/are to be taken both by the Collector as also the Board of Revenue;
(v) the guidelines so framed must incorporate the conditions laid down in column (i) to (iii) for any transactions relating to the land of Bettiah Raj;
(vi) the entire exercise leading to the issuance of guidelines be completed by the Board of Revenue, Bihar, Patna within a period of three months."
CWJC No. 10071 of 2019
8. It has been informed by Mr. Binod Kumar Singh learned counsel for the petitioners that while petitioner No. 1 is an institution, both the petitioner Nos. 2 and 3, as per the communication received today, are dead.
9. In that background, he submits that a detailed Patna High Court CWJC No.10071 of 2019(7) dt.06-05-2024 5/6 Interlocutory Application has to be filed for substituting the names of the petitioner nos. 2 and 3 by their legal representatives. As such, six weeks time be granted.
10. Mr. Anjani Kumar, learned AAG-4 objects to it and submits that only after it has been taken up for hearing that such information has been given and as such, the details must incorporate the date of death and the reason for belatedly filing the Interlocutory Application.
11. As prayed for by the learned counsel for the petitioners, list this case after six weeks. Learned counsel for the petitioner will be serving copy of the I.A. to the State counsel (Office of the learned AAG-4) in advance so that he may be able to file reply/objection in time.
12. As the two petitioners are dead and for the present, no I.A. is on record, it is high time that the interim order passed on 17.05.2019 is given a re-look. Thus, the interim order by which the settlement of land of Bettiah Raj without the permission of the Court was prohibited is modified to the extent that every such transaction/settlement must be vetted by the Collector, West Champaran and subsequently approved by the Board of Revenue, Bihar in line with the conditions laid down in the paragraph-7 of the present order. Patna High Court CWJC No.10071 of 2019(7) dt.06-05-2024 6/6
13. Let a copy of the order be communicated to the Additional Chief Secretary, Revenue and Land Reforms Department, Bihar, Patna as also the Collector, West Champaran, Bettiah for their perusal and needful.
14. List this case after six weeks.
(Rajiv Roy, J) Adnan/-
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