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1984 Supreme(Pat) 98

S.H.S.ABIDI, HARI LAL AGRAWAL
Gopal Krishna Sinha – Appellant
Versus
State Of Bihar – Respondent


Judgment

HARI LAL AGRAWAL, J.

1. The petitioner has filed this writ application for quashing the order contained in the letter dated 21-5-1983 (Annexure 1) issued by the Government of Bihar in the Education Department, communicating to him that the Shrimati Radhika Sinha Institute and Sachchidanand Sinha. Library (for short the Institute and Library respectively) having been acquired and vested in the State of Bihar, the petitioner ceased to be the Honorary Secretary of this institution. A further relief in the nature of permanent injunction restraining the respondents from interfering with the rights of the trustees of the said institution, has also been prayed.

2. The relevant facts are as follows. The Institute and the Library were established by the late Dr. Sachchidanand Sinha by a deed of trust dated 10-3-1926, and are popularly known as Sinha Library. The petitioner is the Honarary Secretary of the said trust. The State Government promulgated an Ordinance, namely, Shrimati Radhika Sinha Institute and Sachchidanand Sinha Library (Acquisition and Management) Ordinance, 1983 (Bihar Ordinance No. 14 of 1983). Undisputedly this Ordinance lapsed on the 14th of Aug. 1983, but before



















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