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Civil Writ Jurisdiction Case No. 5405 of 1999

Satish Chandra Jha v. State of Bihar

2015 SCC OnLine Pat 3932

(BEFORE SHIVAJI PANDEY, J.)

Satish Chandra Jha S/o Late Arjun Jha, R/o village, P.O. & P.S.
Madhepur, District Madhubani .…. Petitioner/s
v.
1. The State of Bihar.
2. The Collector, Madhubani.
3. The S.D/. cum-President, Vijoy Ashram Jhanjharpur, District
Madhubani.
4. The Circle Officer cum-Vice President, Vijoy Ashram
Jhanjharpur, District Madhubani.
5. The B.D.O. cum Vice President, Vijoy Ashram Jhanjharpur,
District Madhubani.
6. The Bihar Hindu Religious Trust Board, Patna, Through its
Secretary .…. Respondent/s
For the Petitioner/s: Mr. Kameshwar Prasad Gupta, Adv.
For the State: Mr. Rai Shivaji Nath, Addl. A.G. III, Sr. Adv.
For the Intervener: Mr. Prafull Chandra Jha, Adv.
For Religious Trust Board: Mr. Ganpati Trivedi, Sr. Adv.
Civil Writ Jurisdiction Case No. 5405 of 1999
Decided on April 29, 2015
ORAL JUDGMENT
SHIVAJI PANDEY, J.:— Heard counsel for the petitioner, for the State, for the
Religious Trust Board and for the Intervener.
2. In the present case, this Court while passing the order date d 12th March 2015
found that Vijoy Ashram is a structure constructed by the local people of the area
where two Government Officials were also made Ex-officio President and Vice
President, on plot no. 5765 which is Kesare Hind land (land of the Union of India) The
Court did not subscribe the idea to allow unauthorized construction without proper
approval by the Union of India or by the State Government. An I.A. has been filed by
one Vijay Kumar Jha claiming to be the Secretary of the Ashram.
3. This Court is of the view that the structure standing on the aforesaid plot should
not remain in the custody of private person it will be treated to be building of State of
Bihar without having right of individual person and the Management of building will be
not under the control of certain individual as the structure is standing on the
Government land.
4. This Court had requested the Additional Advocate General as well as counsel for
the Bihar Hindu Religious Trust Board to assist and after due deliberation it emerged
that the structure over the land will be treated to be a property of the State of
Bihar/Union of India and the administration and management will be run by the Bihar
Hindu Religious Trust under the Bihar Hindu Religious Trust Act, the Chairman of the
Board will have liberty to constitute a Committee in which the District Magistrate or his
nominee will be Ex-officio President of the Committee and the building would serve
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need of people of the locality without making any discrimination on the basis of class,
cast or religion.
5. In this view of the matter, there is no need to demolish the structure any more
and it will be treated to be a Government property and will be under the management
and control of the Bihar Hindu Religious Trust Board, as aforesaid.
6. With the above observation/direction, this petition is disposed of.
———
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