IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.19688 of 2010
NAVYUVAK PUSHTAKALAYA
Versus
THE STATE OF BIHAR & ORS
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2/ 06.12.2010 The petitioner no.1 is a private Library. It was
established in the year 1931 by clubbing some other private
libraries by the residents of District of Motihari. The library is run
by Governing body. It has about 153 members and 35,000 books.
The petitioner no.2 is the Secretary of petitioner no.1 since
17.08.2005. Earlier the Governor of Bihar through Collector in
1945 had executed lease deed providing space for running of
library for a period of 30 years. Thereafter the lease period was
extended, which finally expired on 25.08.2005, since then the
petitioner no.1 is on its own.
Before expiry of lease in 2005, the petitioners made
application for renewal of lease on 19.09.2002 itself before expiry
of lease term. The petitioner is aggrieved by order dated
24.11.2010, as contained in Memo no. 1629 issued by District
Magistrate, Motihari, East Champaran as well as order dated
25.11.2010, as contained in memo no. 1407.
By order dated 25.11.2010 the District Magistrate on
application of Nagar Parishad has transferred the petitioners’
library to Nagar Parishad in view of Article 243 W read with 12
and 13 of XII schedule of the Constitution of India and Section
100 of the Bihar Municipal Act, 2007.
Learned counsel submits that none of these provisions
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confer power on the Collector or on the Jila/Nagar Parishad to
transfer or regulate those private library running and owned by
private or individual for the benefit of the public. He further
submits that the library in question is not a public library or a
public organization. The petitioners submit that letter no. 1407
dated 25.11.2010 of Executive Officer, Nagar Parishad, Motihari
calling upon the petitioner to hand over the library to Nagar
Parishad is bad in law.
As prayed for, six weeks time is granted to the learned
counsel for the State as well as Nagar Parishad, Motihari to file
their counter affidavits.
Put up this case after six weeks in the same list
retaining its position.
Pending final hearing, operation of the impugned order
bearing letter no. 1407 dated 25.11.2010 issued by Executive
Officer, Nagar Parishad, Motihari (Annexure-6) will remain
stayed.
(Samarendra Pratap Singh, J.)
Uday/