IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.7511 of 2011
NAGENDRA KUMAR
Versus
THE STATE OF BIHAR & ORS
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02/ 28.04.2011 Heard learned counsel for the petitioner and learned
counsel for the State of Bihar.
This writ petition has been filed by the petitioner
challenging letter dated 21.04.2011 (Annexure-9) issued by the
Secretary Bodh Gaya, Temple Management Committee, Bodh Gaya
(respondent no.3) by which the petitioner was directed to deposit the
total lease amount of Lumbini Guest House for the year 2009-11
amounting to Rs.17 lacs and odd within one week.
It transpires that this matter had earlier come before this
court vide C.W.J.C. No.7763 of 2008 which was disposed of vide
order dated 05.01.2011 (Annexure-5) by which earlier order of the
Committee (respondent no.3) dated 18.04.2008 to vacate the premises
was quashed and a liberty was given to the Committee to take action
against the petitioner if he had violated any of the terms of lease in
accordance with law.
It further transpires that thereafter a letter was issued
by the Committee dated 02.03.2011 (Annexure-7) directing the
petitioner to pay within 15 days Rs.17 lacs and odd which on
calculation was found to be due. The said calculation does not appear
to be correct. In response to the said notice, petitioner sent letter dated
18.03.2011 (Annexure-8) to the Committee undertaking to deposit the
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said lease amount for the year 2009, 2010 and 2011 and requested to
permit him to deposit it in 60 equal monthly installments. The said
request was rejected by the Committee vide order dated 21.04.2011
(Annexure-9) and the petitioner was directed to deposit the said
amount within one week. Against the said order, the petitioner has
approached this court.
Issue notice to respondent nos.2 and 3 by Dasti
summons for which requisites etc. must be filed by the petitioner
within one week, failing which this writ petition as against them shall
stand dismissed without further reference to a Bench.
Put up this case on 13.05.2011 under the heading
‘Admission’ to be taken up at 2.15 P.M.
Till further orders, the operation of the impugned order
of the Committee dated 21.04.2011 (Annexure-9) shall remain stayed
subject to payment of the lease amount for the year 2011 amounting to
Rs.6 lacs and odd by the petitioner to the Committee within 15 days
from today.
Harish (S.N.Hussain, J.)