GOPAL KRISHNA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed this writ application for quashing the order contained in the letter dated 21-5-1983 (Annexure 1) issued by the Government of Bihar in the Education Department, communicating to him that the Shrimati Rudhika Sinha Institute an Sach chidanand Sinha Library (for short the 'Institute' and 'Library' respectively) having been acquired and vested in the State of Bihar, the petitioner ceased to be the Honorasy Secretary of this institution. A further relief in the nature of permanent injunction restraining the respondents from interfering with the "rights of the trustees of the said institution, has also been prayed. :

(2.) The relevant facts are as follows. The Institute and the Library were established by the late Dr. Sachchidaimnd Sinha by a deed of trust dated 10-3-1926, and are popularly known as 'Sinha Library'. The petitioner is the Honorary Secretary of the said trust. The State Government promul gated an Ordinance, namely, Shrimati Radbika Sinha Institute and Saehehidanand Sinba Library (Acquisition and Management) Ordinance, 1983 (Bihar Ordinarie No. 14 of 1983). Undispuledly this Ordinance lapsed on the. I4th of Aug., 1983, but before the lapse of this Ordinance, the second Ordinance dated the 12th August; 1983 was repromulgated containing a saving clause ratifying and validating all the actions taken and orders passed under the previous Ordinance. The second Ordinance, however, also lapsed before the, hearing of this writ application was taken up but the in pugned letter/notice fAnnexure 1) had already been issued to the petitioner on 2-1-5-1983. On. 28-6-1983 the "operation of (he Ordinance" was ordered to "remain stayed" by this Court while admitting the application.

(3.) No counter affidavit has been filed on behalf of the respondents, but the argument of the learned Additional Advocate " General, on the other hand, was that although the Ordinance had expired, its effect was enduring and everlasting even after the ex piry.