Society challenged removal of its Tanga Stand in Bettiah via Article 226 while a title suit and injunction application over the same land were pending. Division Bench upheld the Single Judge's rejection, doubting the representative's locus standi and holding land/possession disputes require civil trial evidence.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.602 of 2021 In
Civil Writ Jurisdiction Case No.23834 of 2019
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Tanga Majdoor Sangh a Society registered Under the Provision of Society Registration Act, having its Office at Tanga Stand, Meena Bazar, Bettiah through its General Secretary Daroga Prasad Chaudahry (Male), aged about 53 Years, Sono f Ram Bihar Chaudhary, Resident of Ward No. 32, Piunibad, P.S.-Bettiah, District-West Champaran.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Priyanka Singh, Advocate For the State : Mr. Yogendra Pd. Sinha, AAG-7 For the Respondent no.3 : Mr. Priyadarshi Matrisharan, Advocate For the Respondent no.4 : Mr. Akhileshwar Kumar Srivastava, Advocate ======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 22-08-2024
The person representing the appellant before the learned Single Judge, in the writ petition, claimed that he is the General Secretary of Tanga Majdoor Sangh (hereinafter referred to as the Society for reason of it being registered under the provisions of the Societies Registration Act, 1860). It was asserted that the removal/demolishing of Tanga Stand located at
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Meena bazar in the town of Bettiah, West Champaran would be interfering with the rights of the Society; existing for the last more than 135 years. It was also claimed that the Society has 200 Tanga owners as members, who were parking their Tangas in the Tanga Stand in the piece of land; morefully described in paragraph no. 3 of the impugned judgment. It was also admitted that a Title Suit no. 119 of 2014 was pending before a competent Court of civil jurisdiction at Bettiah instituted by the petitioner in respect of the same land.
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filed at the instance of the self-styled General Secretary; again contending that the plaintiffs in the suit have no authority to represent the Society.
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interference to their possession by the Nagar Parishad; but there is no order passed in the said injunction application in favour of the plaintiffs. The prayer made in the writ petition under Article 226 of the Constitution of India is similar to that made in the injunction application. An alternative remedy having been invoked there is no ground for invocation of Article 226 of the Constitution of India. Moreover, the contentions raised are of right over a land and possession for long, which cannot be decided in a writ petition. We cannot but notice that the documents produced do not evidence any existence of the Tanga Stand for the past 135 years as claimed by the writ-petitioner. There is also nothing produced to indicate uninterrupted possession for all these years; which again has to be proved by proper evidence led before the competent civil forum.
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claim of right and possession over a particular land; which also has not been shown to be belonging to the Society by any documentary evidence. We agree with the learned Single Judge that the locus standi of the person representing the Society is in dispute and in any event, there is no bonafide question on title raised or substantiated in the writ petition.
the impugned order of the learned Single Judge.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
aditya/-
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| Uploading Date | 27.08.2024. |
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2 issues framed by the court
Whether a writ petition under Article 226 was maintainable when a title suit with an injunction application over the same land was already pending.
Whether the person representing the appellant society had locus standi to institute the writ petition.
2 provisions across 2 enactments
Tanga Majdoor Sangh through its General Secretary Daroga Prasad Chaudhary
The State of Bihar
The Collector, West Champaran, Bettiah
Nagar Parishad, Bettiah through its Executive Officer
Babloo Miya @ Md. Imteyaz @ Babloo
K. Vinod Chandran
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
