Md. Hashim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12510 of 2019 ====================================================== Md. Hashim, aged about 59 years, Male, Son of Md. Subhan, Resident of Village-Chak Bhavani, Ward No. 1, Police Station- Keuti, District- Darbhanga ... Petitioner

Versus

1.

The State of Bihar through the Principle Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Divisional Commissioner, Kosi Division, Saharsa 3.

The District Magistrate-Cum-Collector, Supaul 4.

The Sub Divisional Officer, Birpur, District- Supaul 5.

The District Education Officer, Supaul 6.

The Block Education Officer, Bipur, Sub Division- Birpur, District- Supaul 7.

The Head Master, Balika Girls High School, Birpur, District- Supaul 8.

Md. Kamrul, Son of Md. Haji Sakur, Resident of Village- Sindhe, P.O. Bakaun, P.S. Supaul, District- Supaul ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

M/s Shekhar Kumar Singh & Raja Surendra Mohan, Adv.

For the Respondents :

Mr. Birendra Prasad Singh, AC to SC XIX ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 12-07-2019 This writ application has been filed for quashing the order, dated 09.05.2019, issued by the Subdivisional Officer, Bidpur, Supaul, whereby he had decided to settle a piece of land building belonging to Girls High School, Birpur, in the said district with private respondent no. 8 for the purpose of organizing a Disney Land Fair, for the period 25.05.2019 to 25.06.2019.

It is the case of the petitioner that for last several years the said Disney Land Fair was being settled in favour of the petitioner by the Managing Committee of the School and for the period in question also, the Managing Committee had decided to settle the fair in favour of the petitioner whereafter the petitioner has deposited required

Patna High Court CWJC No.12510 of 2019(2) dt.12-07-2019 2/2 security amount of Rs.40,000/-.

It is evident that this writ application has become infructuous as settlement of fair in favour of respondent no. 8 was for a period which evidently expired on 25.06.2019 itself. In that background, the present writ application has lost its efficacy. Learned counsel appearing for the petitioner, however, submits that he is entitled to return of the amount which he had deposited as security money in the account of School Managing Committee.

In the facts and circumstances of the case, this application is disposed of with an observation that if the petitioner approaches the School Managing Committee or any competent authority for refund of the said amount of Rs.40,000/-, the same shall be returned to him forthwith, preferably within a period of one month, from the date of receipt/production of a copy of this order, after examining the bonafide of the petitioner for the said refund.

(Chakradhari Sharan Singh, J) Shamshad/- U