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1994 Supreme(Pat) 422

NAGENDRA RAI, A.N.TRIVEDI
Gait Public Library & Institute, Gardanibagh, Patna, through its President – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s. Tara Kant Jha & Sandeep Kumar.
For the State:The Advocate General.

JUDGMENT

NAGENDRA RAI, J.

1. With the consent of the parties the writ application has been heard at the stage of admission itself and is being disposed of by this order.

2. The present application has been filed by the petitioner for quashing the order dated 3.3.1994 contained in memo no. 484 passed by the Collector, Patna (respondent no. 3) by which he has resumed the land of plot no. 2100 area 3.64 acres and building standing thereon situate on road no. 15, Gardanibagh in exercise of power under Rule 21 of the Bihar Government Estates (Khas Mahal) Manual, 1953, for the public purpose and directed the Anchal Adhikari to take possession of the same. A copy of the said order is annexed as Annexure-7 to the writ application. The petitioner has also challenged the action of the respondent authorities in taking forcible possession of the aforesaid land and the structures standing thereon on 10.3.1994.

3. There is no dispute that the said land belongs to the State Government and the same was leased out to the petitioner.

4. The petitioner's case is that it is a society registered under the Society Registration Act. The persons employed in the provincial Secretariat of the then province o































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