Ganesh Chand Lal Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3800 of 2021 ====================================================== GANESH CHAND LAL CHOUDHARY S/o Late Radhe Chand Lal Choudhary, R/o Rajbati, Belan Bazaar, P.O.- Munger, P.S. Kasim Bazar, District - Munger.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Art Culture and Youth Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna, Bihar - 800001.
2.
The Principal Secretary, Art Culture and Youth Department, Govt. of Bihar, Vikas Bhawan, Bailey Road, Patna, Bihar - 800001. 3.
The Director, Bihar State Directorate of Archeology, Department of Art Culture and Youth, Patna, Bihar.
4.
The Chairman, Bihar Heritage Development Society, North of Patna Museum, Off Buddha Marg, Patna - 800001.
5.
The Executive Director, Bihar Heritage Development Society, North of Patna Museum, off Buddha Marg, Patna - 800001. 6.
The Divisional Commissioner, Division - Munger, Fort Area, P.O. and District - Munger, Pin Code - 811201.
7.
The District Magistrate, Munger.
8.
THE MUNICIPAL CORPORATION, Munger, through its Municipal Commissioner.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditi Hansaria, Adv.
For the State :
Mr. Jay Prakash Sharma, AC to Ex-GP-21 For the Corporation :
Mr. Amit Kumar Jha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-03-2023 The present writ petition has been filed seeking the following reliefs:- "1(i).
To issue an appropriate writ/order/direction in the nature of Mandamus directing the Respondents to declare the Town Hall, Munger, as an Ancient monument under Section 3 of the Bihar
Patna High Court CWJC No.3800 of 2021(3) dt.22-03-2023 2/3 Ancient Monuments & Archaeological Sites Remains And Art Treasures Act, 1976, after conducting survey and inspection of the site as the Town Hall, Munger has been in existence for more than 100 years and is of historical and architectural value;
(ii).
To issue an appropriate writ/order/direction in the nature of Mandamus directing the Respondent No. 8, ie.
the Municipal Corporation, Munger, to stop letting out the Town Hall, Munger, for any purpose whatsoever and further stop all the ongoing activities in the Town Hall so as to preserve the heritage building."
At the outset, the learned counsel for the petitioner submits that since not even any survey of the monument in question i.e. Town Hall, Munger has been conducted so as to find out its historical value and declare the same as an ancient monument under Section 3 of the Bihar Ancient Monuments & Archaeological Sites Remains & Art Treasures Act, 1976, the petitioner be granted liberty to approach the Principal Secretary, Art Culture & Youth Department, Government of Bihar, Patna, i.e. the Respondent No. 2 for agitating his aforesaid grievances regarding declaration of the Town Hall, Munger, as an ancient monument. Liberty, so sought, is granted.
Patna High Court CWJC No.3800 of 2021(3) dt.22-03-2023 3/3 It is needless to state that in case, appropriate representation is filed within a period of four weeks from today, appropriate decision shall be taken thereon, within a period of eight weeks, thereafter.
The writ petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Ajay/- U