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Patna High CourtCWJC/13571/2024disposed

Bal Vikas Vidyalaya, Sasaram v. The State Of Bihar

2024-09-23Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13571 of 2024 ====================================================== 1.

Bal Vikas Vidyalaya, Sasaram through the Managing Director, Gopal Narayan Singh, (Male), aged about 84 years, Son of Late Deo Narayan Singh, Resident of village- Jamuhar, P.S. Dehri-On-Sone, District- Sasaram. 2.

Chandra Shekhar Azad Son of Mukhdev Singh Resident of village and P.O. Hurka, P.S. Tilouthu, District- Rohtas (Sasaram), at Present Principal of Bal Vikas Vidyalaya.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner -cum- Inspector General, Department of Excise Prohibition and Registration, Government of Bihar, Patna.

2.

The Inspector General, Department of Excise Prohibition and Registration, Government of Bihar, Patna.

3.

The Deputy Inspector General (D.I.G.), (Society Firm Registration), Department of Excise Prohibition and Registration, Government of Bihar, Patna.

4.

The District Magistrate (Rohtas), Sasaram.

5.

S.P. Verma, Son of Late Harihar Verma, Resident of Jainath Bhawan, Civil Lines P.O. and P.S. Sasaram, District- Sasaram. 6.

Rohit Verma (President, Lions Club of Sasaram), Son of S.P. Verma, Resident of Jainath Bhawan, Civil Lines P.O. and P.S. Sasaram, DistrictSasaram. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Nivedita Nirvikar, Sr.Adv.

Mr.Amish Kumar, Adv.

For the Respondent/s :

Mr.Standing Counsel (1) Mrs.Babita Kumari, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.i. For declaration that the Bye-laws of Bal Vikas Vidyalaya, Sasaram (Lions Sponsor School) bearing Registration No. 58 of 1985-86 is a forged and fabricated by-laws which has been manufactured

Patna High Court CWJC No.13571 of 2024(2) dt.23-09-2024 2/3 and replaced by the respondent nos. 5 and 6 in the office of I.G., Department of Excise Prohibition and Registration, Govt. of Bihar, Patna.

ii. For declaration to the official respondents to produce before this Hon'ble Court the original byelaws submitted by the petitioners' school while seeking registration of Bal Vikas Vidyalaya in the year 1985-86 on the basis of which the petitioners' school was granted affiliation from the Central Board of Secondary Education dated-06.09.1995 in the name and style of Bal Vikas Vidyalaya, Sasaram. iii. For direction to the Inspector General, Department of Excise Prohibition and Registration, Govt. of Bihar, Patna to hold an inquiry as to how the original bye-laws of Bal Vikas Vidyalaya, Sasaram which was submitted by the founder of the petitioner's school at the time of registration in the year 1985-86. In the year 1984, bye-laws was replaced and manufactured by the respondent nos.

5 and 6 and the original bye- laws was removed and, in its place, a manufactured bye-laws in the name of Bal Vikas Vidyalaya (Lions Sponsor School), Sasaram has been kept in the Department. Members. iv. For declaration that the Lions Club of Sasaram represented by the Respondent No.

Patna High Court CWJC No.13571 of 2024(2) dt.23-09-2024 3/3 shown under in order to be the Principal Promoter, the Lions Club of Sasaram then to make an initial donation of Rs. 10,000/- along with other conditions, which has not been paid till date by the Lions Club of Sasaram and thus the Lions Club of Sasaram ceases to be Principal Promoter of Bal Vikas Vidyalaya, Sasaram.

v. For direction to the respondents to consider and dispose of the representation given by the petitioners dated 22.07.2024 which is pending before the I.G., Excise Prohibition and Registration, Govt. of Bihar, Patna in accordance with the law."

2. At the outset, the learned sr. counsel for the petitioners seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioners to avail such other alternative remedies as are otherwise available under the law, for redressal of their aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands disposed off.

(Mohit Kumar Shah, J) sonal/- U