IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15445 of 2005
Hardinge Memorial Fund Trust
Versus
The State Of Bihar & Ors
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95/ 21.09.2011 1. Heard learned counsel for the petitioner,
learned counsel for the intervener and learned counsel for the
State.
2. The Principal Secretary, Urban Development
Department, Govt. of Bihar and the Deputy Secretary, Urban
Development and Housing Department, Govt. of Bihar are
present in Court.
3. The said authorities have come with concrete
statements and plans for the development of Park which they
very fairly stated before this court. It is stated by the Principal
Secretary that the architect M/s Kapur and Associates have
been selected by the Committee under the Chairmanship of the
Development Commissioner and the same has been approved
by the government.
4. He has further stated that the plan with small
modification of the Park has been finalized by the said
Committee which had been duly authorized by the
government, whereafter the Notice Inviting Tender is in the
process of finalization of selecting a contractor for construction
of the Park based on the approved designs and the said NIT
would be published by 20th of October, 2011 fixing an early
date not beyond 30th of November, 2011 as the last date for
submitting tenders, whereafter the process for finalizing the
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tender will have to be started and completed soon.
5. In the said circumstances let this case be placed
under the same heading on 07.12.2011 and on that date an
affidavit must be filed on behalf of the authorities with a copy
of the revised map informing the court about the steps already
taken by them and also the steps which are further required to
be taken in this regard.
6. It is not in dispute that some fund of the Park is
lying in two banks in the name of erstwhile trust which
included the Divisional Commissioner, Patna as its ex-officio
member/officer bearer. Since the trust has been dissolved by
the order of this court holding it to be illegal and the
government was declared to be the owner of the Park, the said
fund must be transferred to the government for the
development of the Park in question. In the said circumstances,
the Divisional Commissioner, Patna is directed to hold a
meeting of the erstwhile members of the trust, who are present
within one month and take a decision in that regard for transfer
of the said amounts to the government, also considering the
implication of the taxation in this regard. He must hold a
meeting and thereafter take a decision in that regard positively
and file an affidavit in this court with respect thereto, so that it
may also be considered along with other matters on
07.12.2011.
7. Let a copy of this order be handed over to
learned Additional Advocate General-1 as well as to
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Sri Shambhu Sharan Singh, Advocate for the intervener so that
a copy of this order shall be given to the Divisional
Commissioner, Patna within two weeks for compliance.
Harish (S.N. Hussain, J.)