Patna High Court
The Co-Operative Banking Society Ltd. ... vs The State Of Bihar on 9 May, 2025
Author: Alok Kumar Sinha
Bench: Alok Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14469 of 2023
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The Co-operative Banking Society Ltd. Patna, through its Honorary Secretary
Varun Kumar Pandey Son of Virendra Pandey having Office at the
Cooperative Head Quarter office, Situated at Road No. 21, Gardanibagh,
Patna-800002.
... ... Petitioner/s
Versus
1. The State of Bihar through Principal Secretary, Building Construction
Department, Government of Bihar, Patna.
2. The Principal Secretary, Building Construction Department, Government of
Bihar, Patna.
3. The Deputy Secretary Cum Estate Officer, Building Construction
Department, Government of Bihar, Patna.
4. The Collector, Patna.
5. The Principal Secretary, Revenue and Land Reforms Department, Govt. of
Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Sr. Adv
For the Respondent/s : Mr. Advocate General
Mr. Uday Shankar Sharan Singh ( G.P. 19 )
Mr. R.K. Chandran, A.C. to G.P. 19
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
CAV JUDGMENT
Date : 12-05-2025
Heard learned Senior Counsel, Mr. Anand Kumar
Ojha appearing on behalf of petitioner society and learned
Advocate General appearing for the State.
2. In the present writ application, the petitioner
society has claimed for the following reliefs:
(i) To stay the operation of Letter No.
1676 dated 22.08.2023 issued by the Executive
Engineer of Building Construction Department for
Patna High Court CWJC No.14469 of 2023 dt. 12-05 -2025
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eviction of the society from its building and also to
stay the steps for Lease Termination by staying the
operation of Letter No. 5037 dated 15.07.2023
alongwith Letter No. 436 dated 12.08.2023
proposing cancellation of the lease already
renewed for 30 years and being in the breach of
assurance/promise/representation of the Collector,
Patna in the meeting dated 16.09.2022 notified
through Memo No. 6003 dated 07.10.2022 being in
contempt of the order dated 11.08.2022 in C.W.J.C.
No. 10872 of 2022.
(ii) To call for the records from the
Respondents to ascertain reasons of U turn by the
Collector by proposing the Lease Termination
suddenly which was not under the understanding
with the Petitioner Society in the meeting dated
16.09.2022
and also to call for the records of
follow up action after the illegal and ex-parte
secret kind of proposal of lease termination when
the Society was under expectation of getting
settlement of 12.25 decimal land as decided in the
meeting dated 16.09.2022.
(iii) To hold and declare all action
against the lease to be illegal and without
jurisdiction and also to hold any action of lease
termination to be illegal and exp-parte liable to be
set aside.
(iv) To issue writ in the nature of
certiorari for quashing the Letter No. 5037 dated
15.07.2023 issued by the Collector, Patna
Patna High Court CWJC No.14469 of 2023 dt. 12-05 -2025
alongwith all future consequential action and
decision on the ground that the impugned letter
dated 15.07.2023 had been illegal to the extent of
taking U turn from the decision taken in
compliance of the order dated 11.08.2022 in
C.W.J.C. No. 10872/2022 committing breach of
legitimate expectation of the society for allotment
of 12.25 decimal alternative land for working of
the Cooperative Society having employees of
Hon'ble High Court, Assembly, Secretariat as its
member.
(v) To issue writ in the nature of
certiorari Letter No 436 dated 12.08.2023 from the
office of the Divisional Commissioner, Patna
proposing termination of lease which is already
Renewed for 30 years with effect from 05.05.2006
vide Land Revenue Department Letter No. 100(6)
dated 24.01.2008 and also for quashing of the
Letter No. 1676 dated 22.08.2023 seeking eviction
of the Cooperative Society from its building
without complying the decision in the meeting
dated 16.09.2022 and its decision under Memo No.
6003 dated 07.10.2022 for providing alternative
land.
(vi) To direct the Building Construction
Department as well as Land Revenue Department
that in view of Lease renewed for 30 years the
secret and unilateral proposal of Lease
Termination in view of to its Renewal to take steps
to provide alternative land 12.25 decimal as
Patna High Court CWJC No.14469 of 2023 dt. 12-05 -2025
decided in the meeting dated 16.09.2022 with all
the officials and the Representative of the
Petitioner Society.
(vii) To hold and declare that the liberty
to avail alternative remedy as observed by the
Hon'ble Court in the order dated 01.08.2023 was
already frustrated due to the Letter No. 5037 dated
15.07.2023 by the Collector, Patna seeking
termination of lease which amounted to ending all
the prospect of getting alternative land which was
subject of the writ petition.
(viii) To hold and declare that the action
of the Authorities is in breach of doctrine of
legitimate expectation and the principle that the
Authorities are bound by the representation made
to the public at large as held by the Hon'ble
Supreme Court.
3. The dispute between the parties has had an
interesting journey, although chequered. However, without
going into the complexities of the issues involved in the present
writ application, on the prodding of this Court, both the
petitioner society as well as respondent-State have amicably
settled all their disputes by agreeing to the following terms and
conditions:
(i) In lieu of all the reliefs claimed by the petitioner
society, the respondent-State (Building Construction
Patna High Court CWJC No.14469 of 2023 dt. 12-05 -2025
Department) has agreed to allot a total of 4 (four) flats in one
block to the petitioner society in the officers flat at New
Punaichak, Patna for operating its office;
(ii) The above alternative accommodation will be
given by the respondent-State (Building Construction
Department) in a liveable/workable condition to the petitioner
society and all expenses for making the accommodation liveable
and functional shall be borne by the respondent-State;
(iii) The above alternative accommodation shall be
handed over to the petitioner society on or before 31st May,
2025;
(iv) The petitioner society will vacate the current
building/office at Gardanibagh, Patna and fully and finally shift
in the above provided alternate accommodation within 45 (forty
five) days from the date of the accommodation being handed
over to the petitioner society.
4. Both the parties i.e. the petitioner society and the
respondent-State are now bound by the above terms and
conditions. Accordingly, the present writ application is being
disposed of under the aforesaid terms and conditions mutually
agreed between the petitioner society and the respondent-State.
Pending I.A., if any, will deemed to have been disposed of.
Patna High Court CWJC No.14469 of 2023 dt. 12-05 -2025
6. Before parting with this case, this Court would like
to record its appreciation of the efforts put in by learned
Advocate General appearing for the State and also the learned
Senior Counsel, Mr. Anand Kumar Ojha appearing for the
petitioner society for taking extra efforts to amicably settle this
long pending dispute.
(Alok Kumar Sinha, J)
kiran/-
AFR/NAFR N/A
CAV DATE 08.05.2025.
Uploading Date 12.05.2025.
Transmission Date N/A
