Manohar Singh @ Manohar Singh Bagga v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 17680 of 2016 Along with Interlocutory Application No. 9064 of 2016 =========================================================== Manohar Singh @ Manohar Singh Bagga, Son of Late Sardar Ladha Singh, resident of Hari Mandir Ji Gali, P.S. Chowk, Patna City, District Patna. .... .... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Government of Bihar, Patna.
2. The District Judge Patna-cum-Custodian, Takhat Sri Hari Mandir Ji, Patna Saheb, Patna.
3. The Takhat Sri Hari Mandir Ji Prabandhak Committee, Patna Saheb, Patna through its General Secretary, Takhat Sri Hari Mandir Ji, Patna Saheb, P.S. Chowk, Patna City, Patna.
4. The General Secretary, Takhat Sri Hari Mandir Ji Prabandhak Committee, Patna Saheb, Patna.
5. The Chief Secretary, Government of Bihar, New Secretariat, P.S. Secretariat, District Patna.
6. Gyani Iqbal Singh (Jathedar), S/o Sardar Sohan Singh, Resident of Takhat Singh Sri Hari Mandir Ji, Patna Saheb, Patna. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s :
Mr. Sandeep Kumar, Advocate For the State :
Mr. Kaushal Jha- A.A.G.-8 For the Intervenor :
Mr. Vikas Ratan Bharti, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 08-12-2016 Heard learned counsel for the parties.
Re.: Interlocutory Application No. 9064 of 2016 The present Interlocutory Application has been filed by the intervenor applicant seeking to be added as party respondent in opposition to the writ petition. Learned counsel in support of the proposed intervenor submitted that he is the present Jathedar, in whose favour the allotment of the area in question has been made
Patna High Court CWJC No.17680 of 2016 dt.08-12-2016 2/3 and, thus, he is a necessary party in the present application. Learned counsel for the petitioner opposes such intervention.
Having heard learned counsel for the parties, the Court deems it fit to add Gyani Iqbal Singh (Jathedar), the intervenor applicant, as respondent no. 6, in the present proceeding. Let necessary correction be made by learned counsel for the intervenor applicant during the course of the day in the main writ application.
Re.: Civil Writ Jurisdiction Case No. 17680 of 2016 The grievance of the writ petitioner was with regard to allotment of space allotted to respondent no. 6, to live with his family in the campus of Takhat Sri Hari Mandirji, Patna Saheb, Patna City, which according to him was not meant for family quarters as it is a holy area and the family living there would have lead to violation of 'maryada'.
It is jointly submitted that with regard to the relief sought for by the petitioner, an application has also been filed before the District Judge, Patna, who is the custodian of the Takhat Sri Hari Mandir Ji, Patna Saheb, Patna in terms of the byelaws of the Takht. It has also been informed that pursuant to the application filed by the petitioner before the District Judge, Patna,
Patna High Court CWJC No.17680 of 2016 dt.08-12-2016 3/3 notices have been issued.
In view of the aforesaid, the Court does not find the necessity to keep this matter pending.
Accordingly, the writ application stands disposed off with a direction to the respondent no. 2, to decide the objection filed by the petitioner, within one month from the date of receipt of a copy of this order before him.
The respondent no. 6 shall cooperate in the proceeding.
(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U