LAWS(PAT)-2009-11-112

DHARMENDRA KUMAR YADAV S/O SRI BISHESHWAR YADAV Vs. STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVT.OF BIHAR, PATNA

Decided On November 05, 2009
Dharmendra Kumar Yadav S/O Sri Bisheshwar Yadav Appellant
V/S
State Of Bihar Through The Chief Secretary, Govt.Of Bihar, Patna Respondents

JUDGEMENT

(1.) WITH the consent of the parties this application is taken up for final disposal.

(2.) COUNTER affidavit and rejoinder have been filed. The facts of this case are shocking. We the people of India who profess to live by the Constitution in a democratic country governed by rule of law have to face such a violation of basic principle of ruie of law at the hands of the State is shocking and that too after nearly 60 years of the Constitution.

(3.) THERE are hardly any dispute so far as facts are concerned. One Mine Haha, a renowned singer of Japan had been on pilgrimage to Bodh Gaya, when she came across Indian children begging on the street much to her dismay. Shocked on seeing begging prevalent in the State she agreed to donate substantial money so that a residential school could be started where such destitute children would be brought, fed, educated and looked after. Being shocked, she agreed to do what otherwise was the State sovereign function and duty and the State had failed in it. This has apparently become an eye sore in the bureaucracy. With due permission, she transferred equivalent Rs. 50 lakhs to India for establishing Mine Haha Helping Free Educational Centre. She got registered a public taritable trust by the said name and the petitioner was made the Chairman of the said trust. Petitioner was able to find a land with a building thereon in which earlier Mandela Welfare Trust was running a school, which was lying vacant. He traced out the owner of the said land, who happens to be one Bindeshwari Giri as per zamabandi. He approached Bindeshwari Giri, who agreed to give the said land admeasuring 2.70 acres to the said registered trust. A gift deed accordingly was executed and the trust was put in possession of the said building. Since January, 2007 the trust started the school for destitute children and at the relevant time about 260 destitute children were staying there. The children were being given best food and other facilities. They were being given education at par if not much better than most of the private institutions in the State what to talk of Government institutions. Additional constructions were also made, which included infirmary and computer training institute as well. All this was within the knowledge and eye - sight of the Government and the Government authority. All of a sudden without any prior notice on 30.6.2008 the State officials unmindful of the destitute children staying therein put locks on the premises after using of brute force, threw out the children, the instructors and took possession of the building and the properties lying therein. The reason was not long to be found thereafter. Immediately Board and Banner of Mahadalit Residential School, Katorwa was set up under the State aegis using the facility and property established by the petitioner for the said charitable trust. One wonders to impress whom? Representation was made but as by now after forceful disposssession of the petitioner and the destitute children in furtherance of State programme for Mahadalit cause, which had been sought to be established, no help come and as such the petitioner has come to this Court.