MASONIC LODGE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. P. K. Prasad, learned counsel for the petitioner and Mr. M. S. Anwar, learned Govt. Pleader No. 1 for the respondents, and with their consent this application is disposed of at this stage.Reference may be made to the order dated 10-1-2001 passed in this application which reads as under :-"No counter-affidavit has been filed by the respondents. Learned G. P. 1 is not in a position to satisfy this Court as to under what authority of law the Administration has put a lock in the premises.G. P. 1 prays for three days more time to file counter-affidavit. Put up this case on 16-1-2001 within first five cases. It is made clear that if it is found that the action of the Administration is highly arbitrary and illegal then appropriate order for payment of compensation shall also be passed against them."

(2.) In this writ application the petitionerhas challenged the authority of the respondents, namely, the District Administration of Dhanbad who have forcibly taken possession of the Masonic lodge by putting lock and seal on 19-11-2000 and further for issuance of an appropriate writ directing the respondents to forthwith unlock the premises of Masonic lodge.

(3.) Petitioner's case, inter alia, is that the building premises comprised within Plot No. 202 under Khata No. 136 of Mouja Hirapur, PS. and Dist. Dhanbad measuring an area of 1.60 acres along with other structures have been in possession of the Masonic lodge since 1919. It is stated that the Masonic lodge was constituted by the Grand Lodge of England, Scotland and Ireland during the British rule in India and was under the local jurisdiction of District Grand Lodge of Bengal. After independence, the Grand Lodge of India was constituted in the year, 1961 and at present the Masonic Lodge at Dhanbad has been renumbered as Dhanbad Lodge 95 G.L.I. It is stated that the building aforesaid commonly known as Misonic temple was constructed sometimes in the year, 1920 and the same was run and administered by Worship Master ever since 1918. Different worship masters are being elected. It is stated that in 1981 a report was submitted by the Anchal Adhikari informing the Deputy Commissioner, Dhanbad that the Masonic Lodge premises is an unclaimed property and, therefore, the possession thereof can be taken under Rule 358 of the Bihar Board's Miscellaneous Rules. On the basis of the said report the Deputy Commissioner, Dhanbad initiated a proceeding being M. R. case No. 2/81 for declaring the same as an unclaimed property. A notice to that effect was also published in the daily newspaper. Accordingly, the petitioner appeared and filed its claim before the Deputy Commissioner. Further, the other persons including one Kali Prasad Singh also filed a petition claiming the said property. The Deputy Commissioner, by his order dated 5-8-83, held that the land and building belongs to Masonic Lodge and accordingly the property was released in favour of Masonic Lodge and a further direction was issued for fixation of rent in favour of the petitioner. Thereafter, rent fixation proceeding was initiated and rent was fixed in favour of the petitioner by order dated 14-7-92 and since then the petitioner has been paying rent to the State of Bihar. It appears that against the order of the Deputy Commissioner, the claimant, namely, Kali Prasad Singh filed a writ application being C.W.J.C. No. 1318/83(R) which was dismissed as withdrawn on 3-8-89 with liberty to said Kali Prasad Singh to institute a civil suit. Said Kali Prasad Singh, after lapse of several years, instituted title suit No. 21/97 claiming relief of declaration of title and recovery of possession and injunction which is pending. Petitioner's case is that it has been running a school in the name and style of Little Star School and also a Homeopathic Charitable Dispensary in a part of the said premises. Suddenly on 19-11-2000 the Halka Karmachari with police force came and forcibly put lock on the main gate and main doors of the premises of the Masonic Lodge and put name plate of 'Revenue Court' of Halka No. 3, Dhanbad circle.