THE STATE OF BIHAR Vs. HARIJAN VIKASH KENDRA

JUDGEMENT

(1.) As both these appeals arise out of common orders passed in C.W.J.C. No. 1332 of 2008 and M.J.C. No. 3366 of 2011, in the matter of allotment of rooms to the respondent M/s. Harijan Vikash Kendra, a registered society, and as the order, common in nature, dated 23.2.2012 is under challenge in these appeals by the appellants State Government and Sant Ravidas Ashram respectively, we propose to deal with the issue and dispose them of by this common order.

(2.) Harijan Vikash Kendra, a society registered under the Society Registration Act represented by its president one Shri Drigonmeshwar, who is present in person, invoked the writ jurisdiction of this Court and it was their claim in the writ petition that the State Government vide letter No. 2282 dated 26.10.1989, Annexure - 1, issued under the signature of Collector, Patna has directed that two rooms be provided to the Harijan Vikash Kendra in the building and the premises wherein Sant Ravidas Ashram is situated. The Writ Court finding that the Collector has already issued notice and the authorities of the Ashram have not responded and are not providing the rooms, issued mandamus in question.

(3.) Both the State Government and the Ashram in question have filed these appeals. As far as the Aashram is concerned, it is their contention that the directions issued by the learned Writ Court was without impleading them as a party, without hearing them and without granting them an opportunity to demonstrate before the learned Writ Court that the order passed by the learned Collector is unsustainable. It is their case before us that two rooms in the premises of the Ashram have been directed to be given to the petitioner, but while doing so, the adverse effect of the order with regard to the right of the Ashram to part with two rooms has not been taken note of. This amounts to violation of the principles of natural justice and, on this count alone, it is argued that the appeal can be allowed.