Advocates appeared:
For the Appellant(s) : Mr. Sunil Kumar, Sr. Adv. Ms. Rohini Prasad, AOR Ms. Ashika Ranjan, Adv.
For the Respondent(s): Mr. Manish Kumar, AOR Mr. Divyansh Mishra, Adv. Mr. Kumar Saurav, Adv. Mr. Mrigank Prabhakar, AOR Ms. Astha Singh, Adv. Mr. N.R. Shwetabh, Adv.

Facts of the Case

The Srimati Radhika Sinha Institute and Sachchidanand Sinha Library (Institute & Library) were established in 1924 by Shri Sachchidanand Sinha (Settlor), a prominent public figure and first interim President of the Constituent Assembly, in memory of his wife, Smt. Radhika Sinha. (!) (!) The Settlor offered Rs.50,000 from the sale of ancestral property belonging to Smt. Radhika Sinha to the then Governor of Bihar and Orissa, which was accepted, leading to the laying of the foundation stone on 28th March 1922 and completion of construction. (!) He also donated approximately 10,000 volumes of books and an additional Rs.50,000 for maintenance. (!) On 9th February 1924, the Institute & Library were formally opened by the Governor. The Settlor made an oral declaration constituting a trust, appointed trustees (including himself as Trustee, Honorary Secretary, and Chief Executive Officer), and a formal Deed of Trust was executed on 10th March 1926, signed by all trustees including the Chief Justice of the Patna High Court as an ex officio trustee. (!) (!) The Trust Deed provided for the eldest male member of the family to serve as Honorary Secretary and Chief Executive Officer, and stipulated that in the event of Trust failure, the property would revert to the Settlor's family. (!)

The appellant, Anurag Krishna Sinha, is the great-grandson of the Settlor and current Trustee, Honorary Secretary, and Chief Executive Officer. (!) On 24th November 1955, an agreement was entered between the Government of Bihar and the Trust, according the Institute & Library the status of State Central Library, with control and management vesting in the trustees and the State providing financial assistance per budgetary allocations. (!) The State Librarian acted as ex-officio Chief Librarian with responsibility for general supervision, subject to trustees' directions. (!) (!)

In 1983, the State promulgated the Smt. Radhika Sinha Institute and Sachchidanand Sinha Library (Acquisition and Management) Ordinance, 1983, seeking to acquire and vest the Trust in the State, challenged by the then Honorary Secretary (appellant's father) in Patna High Court (C.W.J.C. No.2458 of 1983), where interim stay was granted. The ordinance lapsed on 14th August 1983, followed by a second ordinance on 12th August 1983 which also lapsed. The High Court upheld the acquisition despite lapse, but the Supreme Court in Civil Appeal No.2208 of 1984 (20th February 1996) declared actions under the ordinances non est, restoring the Trust. (!)

Over three decades later, the Bihar Legislature enacted the Srimati Radhika Sinha Institute and Sachchidanand Sinha Library (Requisition & Management) Act, 2015 (impugned Act), published on 6th May 2015, providing for State takeover. (!) The appellant challenged it via C.W.J.C. No.7940 of 2015 before Patna High Court, securing interim stay on 22nd May 2015 (State's SLP dismissed by Supreme Court on 13th July 2015). (!) On 29th February 2024, the High Court dismissed the writ, upholding the Act, holding the Trust as public (not governed by Indian Trusts Act), dedicated to Patna's public, financed by State, with public interest in "better management and development," and State obliged to carry out Trust objects. (!) (!) (!)

The present Civil Appeal No.13581 of 2025 challenges the High Court's order. (!) (!) No allegations of mismanagement were raised by State in correspondence, pleadings, or arguments before High Court; no prior inquiry, notice, or opportunity was given to Trust. (!) (!) Post-Act, State sanctioned Rs.72.89 crores for development (Rs.16.24 crores released), including heritage rejuvenation and new building. (!) A Bihar library survey noted 540 public libraries in 1960s reduced to 51 in poor condition. (!)

Key Act provisions: Section 2(a)-(b) defines Institute & Library; Section 3 vests rights, title, interest in State; Section 4(2) dissolves Trust Deed, agreements, committees; Sections 5-6 require trustees to hand over assets/documents; Section 7 limits compensation to max. Rs.1. (!) (!) (!) (!) (!) (!) (!)