Disposed

Chakradhari Sgaran Singh v. State of Bihar and Ors.

Patna HC10 Dec 2015MJC/2413/2006

Case brief

AI extract

What is this about?

The Patna High Court disposed of a long-pending PIL concerning a disputed government building. After tracing its history involving tax attachment and societal claims, the court noted the property was transferred to the Law Department. It held no further directions were needed and consigned the file to records.

What did the court decide?

The file was consigned to records with no further directions.

Chakradhari Sgaran Singh Vs State of Bihar and Ors. — Property and Title | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

Miscellaneous Jurisdiction Case No.2413 of 2006

¶3

======================================================

¶4

Chakradhari Sharan Singh

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar and Others

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : Mr. S.D. Sanjay, Addl. S.G. For the Railway : Mr. Ramadhar Shekhar, Addl. S.C. (Railway) Mr. S.K. Rana, Advocate

¶10

======================================================

¶11

CORAM: HONOURABLE THE CHIEF JUSTICE

¶12

and

¶13

HONOURABLE JUSTICE SMT. ANJANA MISHRA

¶14

ORAL ORDER

¶15

(Per: HONOURABLE THE CHIEF JUSTICE)

¶16

2 01-07-2019 This Public Interest Litigation was instituted bringing to the notice of the Court about the status of a building in the city of Patna more popularly known as the “White House” which was also in the centre of the Animal Husbandry Scam of the State of Bihar. It was also subjected to distress proceedings and was ultimately attached by the Income Tax Department under Section 281(B) of the provision as existed in the Income

¶17

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 2/11

¶18

Tax Act in the year 1996.

¶19

The Public Interest Litigation had been instituted keeping in view the un-claimed status of the property, but after the filing of the Public Interest Litigation certain private persons of a Cooperative Society started claiming their rights over the same. The Court ultimately appointed the District Magistrate, Patna as the Receiver of the property in whose custody the property remained when an order came to be passed on 25^th April, 1996 by this Court, which is extracted hereinunder :-

¶20

“Mr. Chakradhari Sharan Singh, the petitioner has filed a rejoinder to the counter affidavit filed on behalf of the Caveator.

¶21

Mr. Rastogi, on behalf of the IncomeTax Department has also filed a supplementary affidavit.

¶22

We have heard learned counsel appearing in this matter in somewhat detail. The more we probe into the matter, the more we find the mystery deepening and correct facts are sought to be kept secret as to who is the real owner of the property in question, who built the same and how. When on 22-3-96 we allowed the petitioner to implead Santosh Kumar Mazumdar and which was on the submission of the Caveator and also as per Annexure ‘C’ to the Counter affidavit of Respondent No. 3, the Caveator did not inform us that Mazumdar was already dead.

¶23

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 3/11

¶24

In the circumstances of this case, we direct that Mr. Tripurari Mohan Prasad, who claims to be the Secretary of Pran Kuti Sahkari Grih Nirman Samiti Ltd. as well as all the members of the Executive/Managing Committees, namely (1) Bashistha Narain Sinha son of late Yamuna Prasad (President), (2) Tripurari Mohan Prasad son of Sri Bashistha Narain Sinha, (Secretary) (3) Sushil Kumar son of Sri Bashistha Narain Sinha, (Vice President) (4) Ravi Sinha son of Sri Shyam Bihari Sinha (Director) (5) Alok Sinha son of Sri Shyam Bihari Sinha, (Director) (6) Dinesh Kumar son of not known (Director) shall appear in Court in person on the next date of hearing.

¶25

Since counsel for the Society is appearing, he shall inform all these persons about out direction to appear in Court in person.

¶26

Particulars of all the members of the society shall also be filed furnishing of which have been avoided all this; period in spite of our peremptory order dated 22-3-96. Let there be no default this time.

¶27

The Secretary of the Society shall also file complete details of the purchases made of the building materials and other items for the construction of the building in question as well as the amount spent thereon. These details shall also include about the payments made to the contractors and to others

¶28

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 4/11

¶29

We grant 10 days time for the affidavits to be filed. We find that the valuation report of the Income-tax Department has not been produced. It is contended by Mr. Rastogi, learned counsel for the Department, that the Valuation has to be done from Kanpur. We are surprised at such submission when so much time has elapsed the Department has failed to get the valuation report. Let the valuation report be filed before the next date of hearing. The Commissioner of Income Tax and other officers who look into this matter shall also appear in Court in person on the next date of hearing with the relevant records pertaining to the property.

¶30

The records of the Registrar, Cooperative Society, pertaining to the Society have been produced today. Liberty is granted to the petitioner as well as counsel for the Caveator to examine the same, which are lying with Mr. V.N. Sinha, learned counsel for the State.

¶31

On our persistent query as to how the property is ought to be used by all the 67 members of the Society, no answer is forthcoming from the Caveator or any one else.

¶32

Mr. Chakradhari Sharan Singh submits that this property is connected with the Animal Husbandry Scam and it will be in the interest of all concerned if the C.B.I. is permitted to use this place for its office purpose.

¶33

Mr. V.N. Sinha says that possession of

¶34

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 5/11

¶35

the property in question has been taken over by the District Magistrate, Patna in pursuance of our order dated 22-3-96. We appoint the District Magistrate, Patna as receiver of the property in question. There is no objection from the society or any of the respondent if the property can be put to use by the receiver as per the direction of this Court for all public purposes of course which shall be without prejudice to the rights of the parties. We grant liberty to the petitioner to inspect the property and make suggestion as to how it can be best used for public purpose subject to orders of this Court.

¶36

On the suggestion of Mr. Sinha, learned counsel for the State, we allow the inspection of the records of the Registrar, Cooperative Society in his office in present of an officer of the Registrar Co-operative Society as well as counsel for the Caveator. No hinderance shall be caused to the officers of the Income-Tax Department and to Mr. Chakradhari Sharan Singh, if they visit the property aforesaid. It is stated by Mr. Sinha counsel for the State that guards have been posted to protect the property.

¶37

To be listed on 13^th May,1996, at the top of the list.

¶38

A copy of this order shall be given to the petitioner and counsel for other parties.”

¶39

On 21^st May, 1996, the Registrar General of this

¶40

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 6/11

¶41

Court was allowed to issue necessary orders to the Receiver with regard to the user of the property till further orders.

¶42

The Income Tax Officer concerned, who was looking after the case on behalf of the Income Tax Department was present in Court when certain directions were issued on 9^th August, 1996 directing custody of the records of the private society that was claiming title over the said property. The Central Bureau of Investigation was also called upon to furnish information.

¶43

On 2^nd December, 1996, liberty was given to all the parties by this Court to file applications with regard to the best user of the premises in question.

¶44

The State Government had cancelled the so-called lease on the basis whereof private claims had been made and ultimately resumed the land over which the said premises was standing which was unndisputedly Khas Mahal land.

¶45

The Central Bureau of Investigation and the State of Bihar had claimed that they should be provided for the said accommodation in order to house their offices, but the Court on 1^st September, 1997 passed the following orders :-

¶46

“After hearing learned counsel appearing for the respective parties, order dated 25.04.1996 is made absolute.

¶47

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 7/11

¶48

Let the record of this case be consigned to the record room and be placed if and when directed by the Court.”

¶49

It is in this context that the petition was being treated as pending in which a modification application namely, MJC No. 2413 of 2006 was filed. We may put on record that by that time the status of the property and its custody was unclear. When the modification application was filed, it appears that the same was taken up on 10^th December, 2015 and the modification application was disposed of after recording certain facts. From the records of the modification application, we find that the property in question namely, the construction and the plot over which the premises has been constructed namely, Plot No. 24, area 0.344 acres was transferred to the Law Department vide notification dated 27^th August, 2014. This sanction of the government is extracted hereinunder :-

¶50

“i=kad&6@[kk0 e0 iVuk&11@2013& 719 ¼6½ @jk0

¶51

fcgkj ljdkj jktLo ,oa Hkwfe lq/kkj foHkkx

¶52

izs’kd] mes”k flag ljdkj ds mi lfpoA

¶53

izsf’kr

¶54

lekgÙkkZ iVukA iVuk&15] fnukad 27&08&14 fo’k; iVuk x;k jksM fLFkr [kkl egky] IykWV ua0&24] jdck&0-344 ,dM+ Hkwfe fcgkj jkT; fof/kd lsok izkf/kdkj lsok] iVuk ds mi;ksx ds fy, fof/k foHkkx dks LFkk;h gLrkUrj.k djus ds lEcU/k esaA

¶55

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 8/11

¶56

egk”k;]

¶57

vkidk i=kad &1888 fnukad &01-07-2014 ds Øe esa foHkkx ds Lrj ij leh{kk dh x;hA foHkkxh; i= la[;k&636 fnukad & 12-03-1991 esa ljdkj }kjk jkT; ljdkj ds cksMZ foHkkx fuxe fudk; izkf/kdkj vkfn ds dk;kZy; Hkou@vkoklh; fuekZ.k ds fy, ljdkjh@[kkl egy dh tehu dh cUnkscLrh LFkk;h gLrkUrj.k }kjk fu”kqYd djus ¼vLi’V½ fnukad 19-05-2014 ¼vLi’V½ Hkwfe ¼vLi’V½ ,dM+ rd vUrfoZHkkxh; fu%”kwYd gLrkUrj.k dh “kfDr legkÙkkZ dh izR;k;ksftr dh x;h gSA mijksDr fLFkfr esa fu%”kqYd LFkk;h Hkwfe gLrkUrj.k dh fy, lekgÙkkZ l{ke izkf/kdkj gSA

¶58

Hkwfe gLrkUrj.k izLrko ¼vLi’V½ fof/k foHkkx dh lgefr izkIr dj yh xbZ gSA blds fy, iqu% lgefr izkIr djus dh vo”;drk ugha gSA fof/k foHkkx dh lgefr lEcU/kh lafpdk la[;k 6@[kk0 e0 iVuk&11@2013 ds i`’B 14@fV0 dh Nk;kizfr layXu dh tk jgh gSA

¶59

funsZ”kkuqlkj ewy vfHkys[k la[;k 09@2013&14 layXu dj okil djrs gw, ¼vLi’V½ fcgkj jkT; fof/kd izkf/kdkj ds mi;ksx gsrq izLrkofr Hkwfe lajpuk lfgr fof/k foHkkx dh ¼vLi’V½ gLrkUrj.k dh dkjZokbZ vius Lrj ls dh tk;A

¶60

vuq0 ;FkksDrA

¶61

g0@& fnukad& 27-08-2014 ¼mes”k flag½ ljdkj ds mi lfpoA

¶62

The Collector in compliance of the said notification

¶63

issued the orders being the Revenue Head on 16^th December,

¶64

2014, which is extracted hereinunder :-

¶65

iVuk lekgj.kky;] iVuk ¼ftyk jktLo&”kk[kk½ &%vkns”k%&

¶66

jktLo ,ia Hkwfe lq/kkj foHkkx fcgkj iVuk ds i=kad &374¼6½@jk0] fnukad&12-03-13 ds }kjk fn;s x;s funs”k ds vkyksd esa xfBr fd;k x;k gS] ftlesa fcgkj jkT; fof/kd lsok izkf/kdkj dks iVuk&x;k jksM fLFkr [kkl egky IykWV u0a&24 dks foHkkxh; ifji= la0&636¼6½@jk0] fnukad&12-03-1991 dh dafMdk&1¼d½ ds vkyksd esa cUnkscLr fd;k tkuk gSA

¶67

;g [kkl egky Hkw[k.M ekStk&vMjk] IykWV ua0&24] jdck&0-344 ,dM+ tks Lo0 ¼vLi’V½ etwenkj ifr&Lo0 lqcks/k pUnz etqenkj ds lkFk fnukad &01-04-1966 ds izHkko ls ¼vLi’V½ 30 o’kksZ ds fy, vkoklh; iz;kstu gsrq uohdj.k fodYi ds lkFk cUnkscLr fd;k x;k Fkk yht “kÙkksaZ ds mya?ku ds vkjksi esa jktLo ,oa Hkwfe lq/kkj foHkkx] fcgkj] iVuk ds i=kad &498¼6½@jk0] fnukad 20-02-1996 ds vkyksd esa lekgÙkkZ ds }kjk yht dks jÌ dj Hkwfe iquxzZg.k dk vkns”k ikfjr fd;k x;kA

¶68

lekns”k ;kfpdk la0&3248@1996 ¼pØ/kkjh “kj.k flag cuke fcgkj ljdkj ,oa vU;½ esa ekuuh; mPp U;k;ky; ds }kjk fnukad &22-03-1996 dks fn;s x;s funs”k ds vkyksd esa rRdkyhu lekgÙkkZ ds }kjk iz”uxr yht gksYM tehu ,oa ml ij fufeZr lajpukvksa dk n[ky&dCtk izkIr fd;k x;kA

¶69

fcgkj jkT; fof/kd lsok izkf/kdkj ds }kjk lekns”k ;kfpdk la0&3248@1996 ¼ih0vkbZ0,y0½ esa ikfjr vksn”k dk mYys[k djrs gq, eq[; lfpo dks lacksf/kr muds i=kad & 713] fnukad &31-03-2012 ds }kjk vuqjks/k fd;k x;k fd iz”uxr lEifr dks ljdkj lEifr okil djrs gq,] bls fof/kd lsok izkf/kdkj dks vkoafVr fd;k tk;A blds vkyksd esa fof/k foHkkx] fcgkj] iVuk ds }kjk egkf/koDrk] fcgkj ls earO; dh ekax dh x;h] tks fd jktLo ,oa Hkqfe lq/kkj foHkkx] fcgkj] iVuk ds i=kad &374¼6½@jk0] fnukad &12-03-13 ds }kjk lalwfpr gSA ftlesa ijke”kZ fn;k x;k gS fd ;fn bl rjg dk vkosnu izkIr gksrk gS] rks lacaf/kr foHkkx fof/klEer fu.kZ; ys ldrh gSA

¶70

ljdkj ds mi lfpo] jktLo ,oa Hkwfe lq/kkj foHkkx] fcgkj] iVuk ds i=kad&719¼6½@jk0] fnukad& 27-08-14 ds vkyksd esa bl dk;kZy; ds i=kad &2895@jk0] fnukad &09-10-14 ds }kjk izLrkfor Hkwfe lajpuk lfgr fof/k foHkkx djs gLrkarj.k djus ds lca/k esa ekxZn”kZu dh ekax dh x;h gSA ¼vLi’V½ lq/kkj foHkkx iVuk ¼vLi’V½ }kjk fof/k foHkkx ls ijke”kZ izkIr dj fof/k ijke”kZ dh Nk;k izfr bl dk;Zky; dks Hkstk x;kA fof/k ijke”khZ }kjk ¼vLi’V½ fd;k x;k gS fd Bihar Govt. Estates (Khas Mahal) Manual dh /kkjk %& 1 esa [kkl egky (Government Estates) dks ifjHkkf’kr fd;k x;k gS] ftlls Li’V gS fd ,slh lHkh Hkwfe tks jkT; ljdkj dh gks vkSj ftlij jkT; ljdkj dk izR;{k :i ls fu;a=.k gks ;k ,slh vU; Hkwfe tks O;fDrxr fdlh dh gk vkSj ftlij jkT; ljdkj dk izR;s{k :i ls fu;a=.k gks ¼vLi’V½ ljdkj dh Hkwfe ¼[kklegky½ dgykrh gSA mijksDr ifjHkk’kk ds vkyksd esa [kklegky Hkwfe ¼vLi’V½ vkrh gSA lkFk gh jktLo foHkkxh; i=kad&924¼6½@jk0] fnukad& ¼vLi’V½ }kjk foHkkxh; ladYi la0& 359¼6½@jk0] fnukad &19-05-14 ds vkyksd esa fcgkj jkT; fof/kd lsok izkf/kdkj ds mi;ksx gsrq izLrkfor Hkwfe lajpuk lfgr@fof/k foHkkx] fcgkj] iVuk dks

¶71

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 9/11

¶72

LFkk;h gLrkarj.k dh dkjZokbZ gsrq funs”k izkIr gqvk gSA

¶73

izLrkfor Hkwfe 3-00 ,dM+ ls de gS rFkk jktLo foHkkxh; ladYi la0&359¼6½@jk0- fnukad & 19-0514 ds dafMdk &¼d½ ds vuqlkj 3-00 ,dM+ rd ljdkjh Hkwfe dk vUrfoZHkkxh; fu%”kqYd ,oa LFkk;h gLrkarj.k dh “kfDr lekgÙkkZ dks izR;k;ksftr dh x;h gSA

¶74

vr% iVuk&x;k jksM fLFkr [kkl egky IykWV u0a&24] jdok&0-344 ,dM+ Hkwfe fcgkj jkT; fof/kd lsok izkf/kdkj] iVUk ds mi;ksx ds fy, fof/k foHkkx dks vUrfoZHkkxh; fu%”kqYd ,oa LFkk;h gLrkarj.k dh Lohd`fr nh tkrh gSA

¶75

iVukA

¶76

Thereafter, certain constructions, repairs and

¶77

maintenance was required to be undertaken whereafter the Bihar State Legal Services Authority to whom the premises had been transferred, wrote a letter to the Law Department. A communication was received by the Accountant General dispatched by the Revenue and Land Reforms Department, Government of Bihar on 25^th March, 2015, which is extracted hereinunder :-

¶78

fcgkj ljdkj jktLo ,oa Hkwfe lq/kkj foHkkx

¶79

Kki la0&6@[kk0 e0 iVuk&11@2013

¶80

¼6½jk0] iVuk&15] fnukad @ @2015

¶81

lsok esa]

¶82

egkys[kkdkj] fcgkj ¼ys[kk ,oa gdnkjh½] ohjpUn iVsy iFk] iVukA

¶83

}kjk %& foÙk foHkkxA

¶84

fo’k; %& iVuk ftyk ds iVUkk lnj vapy ds iVuk&x;k jksM fLFkr [kkl egky] IykWV ua0&24] jdck&0-344 ,dM+ esa 88’6’’ x 58’6’’ {ks=Qy Hkwfe ij fufeZr Hkou fcgkj jkT; fof/kd lsok izkf/kdkj] iVuk ds mi;ksx gsrq fof/k foHkkx] fcgkj dks vurfoZHkkxkh;] fu%”kqyd ,oa LFkk;h gLrkUrj.k dh Lohd`frA

¶85

vkns”k % Lohd`rA

¶86

fcgkj jkT;iky ds vkns”k ls]

¶87

g0@&

¶88

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 10/11

¶89

¼mes”k flag½] ljdkj ds mi lfpoA Kkikad&6 @ [kk0 e0 iVuk&11@2013& ¼6½jk0] iVuk&15] fnukad @ @2015 izfrfyfi%& legkÙkkZ] iVuk dks i=kad&3642@jk0 fn0&17-12-14 ds lanHkZ esa lwpukFkZ ,oa vko”;d dkjZokbZ gsrq izsf’krA

¶90

g0 @ & ¼mes”k flag½] ljdkj ds mi lfpo Kkikad&6 @ [kk0 e0 iVuk&11@2013& ¼6½jk0] iVuk&15] fnukad @ @2015 izfrfyfi%& vk;qDr] iVuk izeaMy] iVuk dks lwpukFkZ ,oa vko”;d dkjZokbZ gsrq izsf’krA

¶91

g0 @ & ¼mes”k flag½]25@3@15 ljdkj ds mi lfpo

¶92

The same demonstrates that the premises had been transferred to the Law Department for utilization as a building for the Bihar Legal Services Aid Authority. The Building Construction Department, Government of Bihar was directed to carry out all maintenance of the said premises by the order of the Law Secretary dated 19^th May,2015 and as a consequence of the aforesaid facts having been brought on record, the Modification Application was consigned to records. It may be pointed out that this entire proceedings had been undertaken where all concerned including the Central Bureau of Investigation and the Income Tax Department were parties.

¶93

Patna High Court MJC No.2413 of 2006(2) dt.01-07-2019 11/11

¶94

It appears that this file has been shown to be pending and it is pointed out that the records have to be placed if and when directed by the Court. Consequently, after the disposal of the modification application, there are no other directions and therefore, this entire proceeding shall now stand finally consigned to records subject to the orders referred to above.

¶95

(Amreshwar Pratap Sahi, CJ)

¶96

(Anjana Mishra, J)

¶97

Jagdish/-

¶98

Chakradhari Sgaran Singh v. State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Chakradhari Sgaran Singh v. State of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vidya Shankar Mishra and Ors. Vs The State Of Bihar and Ors.

The Union of India and Ors. Vs Vishwanath Mehta

M/S G.K.Coke Industries Vs the Coal India Ltd.and Ors.

Ashutosh Jha Vs The State Of Bihar and Ors.

Chandradeo Prasad Vs The State Of Bihar and Ors.

Amresh Kumar Pandey Vs The State Of Bihar and Ors.