Sharfudin Khan vs The Union Of India & Ors on 29 June, 2011

               IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CWJC No 5131 of 2010
                 Sharfudin Khan -Versus- The Union of India & Ors
                                      ***

3 29.06.2011 By this writ application, petitioner seeks a direction to the

Central Government in terms of Section 5 (1) (c) of the Khuda Bakhsh

Oriental Public Library Act, 1969. The said Act was enacted by the

Central legislature by which it declared the Khuda Bakhsh Oriental Public

Library at Patna to be an institution of national importance and it provided

for the establishment of the Board to look after the affairs of the said

Public Library. It may be noted that the Public Library was established by

late Moulvi Khuda Bakhsh Khan Bahadur of Muradpur, Patna. It is, inter

alia, provided in the Act that the Board shall consist of a nominated

Member nominated by the Central Government from the family of late

Khuda Bakhsh. Petitioner’s grievance is that for over last 30 years,

Central Government has failed to make such a nomination. When he had

earlier approached the Government, the Government wanted a succession

certificate showing that he was a grandson of late Moulvi Khuda Bakhsh

Khan Bahadur of Muradpur. He submitted the succession certificate as

well but the Central Government has not nominated him to the Board

which is established under Section 4 of the Act.

This writ application has been pending for almost a year and

a half and no counter affidavit has been filed by the Central Government.

Let Assistant Solicitor General take instructions and file a

comprehensive counter affidavit so that the matter may be disposed of at

the earliest.

List this matter For Admission as a 0 item on 25 th of July,

2011.

    M.E.H./                                               (Navaniti Prasad Singh)
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