Patna High Court - Orders
Bihar Vidyapeeth, Sadaqat Ashram vs The State Of Bihar on 8 April, 2024
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7890 of 2019
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Bihar Vidyapeeth, Sadaqat Ashram
... ... Petitioner/s
Versus
The State of Bihar
... ... Respondent/s
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with
Civil Writ Jurisdiction Case No. 16103 of 2015
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Most. Bhagyamani Devi and Ors
... ... Petitioner/s
Versus
The State Of Bihar and Ors
... ... Respondent/s
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Appearance :
(In Civil Writ Jurisdiction Case No. 7890 of 2019)
For the Petitioner/s : Mr.Shama Sinha, Advocate
For the respondent no. 2 to 4 : Mr. Amit Srivastava, Sr. Advocate
For the State : Mr. Sajid Salim Khan ( Sc25 )
(In Civil Writ Jurisdiction Case No. 16103 of 2015)
For the Petitioner/s : Mr.Abhay Kumar Thakur, Advocate
Mr. Rakesh Kumar Samrendra, Advocate
For the Respondent/s : Mr. Amar Nath Deo, SC-26
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 08-04-2024Heard Mr. Rakesh Kumar Samrendra, learned counsel for the petitioners, Mr. Amit Srivastava, learned Senior Counsel appearing on behalf of respondent nos. 2 to 4 in C.W.J.C. No. 7890 of 2019 and Mrs. Shama Sinha, representing the petitioner in said writ petition bearing C.W.J.C. No. 7890 of 2019.
2. The petitioners have prayed for the following reliefs:
Patna High Court CWJC No.7890 of 2019(5) dt.08-04-2024 2/7
(i) for setting aside the common order dated 23.06.2015 passed by the Bihar Land Tribunal Patna in analogous cases i.e. B.L.T. Case No.517/2014, B.L.T. Case No.533/ 2014, B.L.T. Case No.590/2014 and B.L.T. Case No Case No.591/2014 whereby the B.L.T. Cases Nos, 517/2014, 590/2014 and 591/2014 have been allowed in favour of the Respondent no.9 and B.L.T. Case No.533/2014 filed on behalf of the petitioner has been dismissed;
(ii) for commanding the respondents to restore the Jamabandi created in the name of the petitioners after the order of mutation passed by the competent authorities in this regard;
(iii) for a declaration that the land of the petitioners was never acquired by the State Govt. for construction of residential houses for the members of Patliputra Housing Construction Co-
Patna High Court CWJC No.7890 of 2019(5) dt.08-04-2024 3/7 operative Society Ltd. (herein after referred Patliputra Co-Op. Societies') vide LA Case No.17/1957-58 and such compensation has been paid to ancestors of the petitioners;
(iv) for a declaration that L.A.Case No.3/ 1954-55 is not related to the acquisition of land for the members of the Patliputra Co-operative Society rather this L.A. Case No.3/1954-55 is related to acquisition of land for construction of Harijan Quarters in Mauza Paharpur, Thana no.14, P.S.- Phulwari, District-Patna.
(v) for any other relief (s) for which the petitioners may be found entitled to in the facts and circumstances of the case.
3. This appeal shall be heard.
4. Pleading has to be exchanged within a period of 10 weeks from today.
5. Mrs. Shama Sinha, learned counsel for the petitioners is also free to bring everything on record by way of Patna High Court CWJC No.7890 of 2019(5) dt.08-04-2024 4/7 an affidavit.
6. Rule is made returnable within one year.
7. Mr. Amit Srivastava, learned Senior Counsel for the respondent nos. 2 to 4 took this Court to paras 14 and 17 which read as follows:
"14. that it is humbly stated that the private respondents of the B.LT case no $17/2014 alongwith other respondents of the B.LT case no. 590/2014, B.L/T case no. 591/2014 and the Petitioners of BLT case no 533/2014 challenged the order dated 23.06.2015 by filing writ petition bearing CWJC no 16103/2015. The notice was issued to the Petitioner no. 1 in the writ petition vide order dated 16.10.2015 and on notice the Petitioner no. 1 filed its appearance through its counsel;
15. that it is humbly stated that during the pendency of the above Patna High Court CWJC No.7890 of 2019(5) dt.08-04-2024 5/7 mentioned writ petition, the respondents of BLT case no. 517/2014, B.LT case no. 590/2014 and BLT case no. 591/2014 filed applications under 340 of code of criminal procedure bearing B.L.T case no. 885/2016 arising out of B.L.T case no. 591/14, B.LT Case no. 886/2016 arising out of B.L. T. case no. 590/14 and B.L.T case no. 887/2016 arising out of B.L.T case no. 517/14 respectively. The notice was issued to the petitioners in these cases. The petitioners appeared on notice in all three matters. It is pertinent to mention no notice was issued to the Petitioners with respect to the case filed by the petitioners of B.L.T case no. 533/2014 as by that time, i e, in the year 2016;
16. that it is humbly stated that Patna High Court CWJC No.7890 of 2019(5) dt.08-04-2024 6/7 the Petitioners appeared on the notice but the matter could not be heard on several occasions as the court of the Hon'ble Chairman was vacant;
17. that the matter was taken up for hearing on 16.10.2017 by the Hon'ble Member of the Tribunal. The Petitioners prayed for an opportunity of hearing and further prayed to direct the State Counsel to provide copy of the counter affidavit which the state counsel intended to file on next date but the Hon'ble Member of the tribunal was not ready to grant an opportunity of hearing. The Petitioners immediately filed Interlocutory applications with the prayer to grant opportunity of hearing.
8. In the aforesaid circumstances and as the same Patna High Court CWJC No.7890 of 2019(5) dt.08-04-2024 7/7 have not been controverted by the learned counsel for the petitioner, this Court does not deem it fit and proper to continue with the interim order that was passed on 23.4.2019 and as such the same stands vacated.
(Rajiv Roy, J) Ravi/-
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