TANGA MAJDOOR SANGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

(2.) This writ petition under Article 226 of the Constitution of India has been filed through one Daroga Prasad Chaudhary, who claims to be the General Secretary of Tanga Majdoor Sangh (hereinafter referred to as 'the Society') registered under the provisions of Societies Registration Act, 1860. The Society is the petitioner in this case.

(3.) The petitioner is seeking a direction from this Court restraining the respondents, particularly respondents no. 2 and 3 from removing/demolishing a Tanga Stand located at Meena Bazar in the town of Bettiah, West Champaran. It is the petitioner's case that the said Tanga Stand was established in the year 1884 and is in existence for more than 135 years. It is the case of the petitioner that the Society has two hundred Tanga holders, as Members. It is petitioner's further case that the Tanga Stand is situate over a piece of land having description: Thana No. 120, Circle Bettiah (East Champaran) Khata No. 5242, P.S. Nagar Bettiah, ad-measuring (Bada Rakba) 0-9-3 Dhur (70 feet x 55 feet) having boundaries, Chitragupta Mandir (North) Main Road (South) Rickshaw stand (East) and Part of Khesra No. 52/42 (West). It has been asserted in the writ petition that petitioner's forefather(s)/legal representatives of the petitioner have been plying their Tumtum (wooden vehicle pulled by horse) since during the time of Bettiah Raj (about 1885).