2015 Supreme(Pat) 809
JYOTI SARAN
Khas Mahal Citizen Welfare Society – Appellant
Versus
State of Bihar – Respondent
Advocates:
For the Petitioners: M/s Chitranjan Sinha, Jitendra Kishore Verma, Nikhil Agrawal, Anil Kumar Sinha.
For the Respondents: Mr. Devendra Kumar Sinha.
JYOTI SARAN, J.:–The petitioner is a registered society under the Societies Registration Act, 1860 having its office and works at Budh Murti Baldeo Sahay Path, Kadamkuan in the town and district of Patna and has filed this writ petition through its General Secretary praying for a writ in the nature of certiorari for quashing the Bihar Khas Mahal Policy, 2011 (hereinafter referred to as ‘2011 Policy’) published in the Bihar Gazette Extraordinary on 8.4.2011, copies of which are placed at Annexure-5 and 6. The petitioner also prays to declare such of the provisions of the policy to be invalid and void insofar as it seeks to interfere with the lease(s) entered under the Bihar Government Estates (Khas Mahal) Manual, 1953 (hereinafter referred to as ‘the Khas Mahal Manual’). The petitioner also questions the applicability of the ‘2011 Policy’ on the lease(s) which had been executed under the old ‘Khas Mahal Manual’. Though the petitioner while questioning the ‘2011 Policy’ as to its applicability on the lease(s) entered in between the private individual and the state under the old ‘Khas Mahal Manual’ has also prayed for quashing the ‘2011 Policy’ but when the matter has been taken up fo
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