Bishop of Patna Diocese v. Secretary, Ministry of Defence
2012-09-20
SHAILESH KUMAR SINHA
body2012
DigiLaw.ai
ORDER As prayed for on behalf of the petitioner, let the name of the petitioner be corrected as Bishop of Patna Diocese, under Church of North India through Rev. Manoj Singh, son of Late David Singh, R/O Village- Uparbandha, P.O.- Bhagaiya, District- Bhagalpur (Bihar) The Chaplin Pastor, Christ Church, Bankipore, Patna, resident Chapalin’s Residence-3 Bailey Road, P.S- Kotwali, District- Patna. 2. Heard Mr. Shashi Shekhar Dwivedi, learned Senior Counsel appearing for the petitioner and Mr. Lalit Kishore, learned Additional Advocate General No.1 appearing for the State. 3. The petitioner claims himself to be the Chaplin Pastor, Christ Church, Bankipur, Patna, residing at 3, Bailey Road, Patna. A notice has been given to him to vacate the said premises. The petitioner further claims that the said residence of the Chaplin Pastor is under bone fide authorization and, as such, the petitioner is entitled to retain 3, Bailey Road, Patna for his residence. Various documents have been filed in support of the claim. 4. On the other hand, on behalf of the State, the claim is being contested and in support of the case of the State also, a good number of documents have been filed in order to show that the petitioner has no right to continue. 5. Be that as it may, in course of hearing, the learned Additional Advocate General No.1 submits that similarly the residence occupied by the Chief Commissioner, Income Tax, Bihar, Patna at 6, Bailey Road, Patna was also sought to be vacated in connection with the proposed construction of an International Level Museum, which could not be go-ahead on account of the obstacles created by the occupants. However, the Chief Commissioner, Income Tax, Patna approached this Court by filing a writ petition, vide C.W.J.C. No.13060 of 2011, which was disposed of on merits by order dated 26th of March, 2012. The petitioner of the said writ application on being aggrieved preferred an appeal, vide Letters Patent Appeal No.1083 of 2012. This Court by order dated 5.9.2012 passed in the aforesaid appeal, a copy of which has been produced by the learned Additional Advocate General No.1, without going into the merits of the matter, observed that the petitioner and the respondents of the said appeal were expected to first exhaust the alternative mode of amicable settlement of the dispute by sitting across the table.
In the light of the aforesaid order, it is submitted on behalf of the State that a meeting was held and the matter was resolved by providing alternative accommodation in a Government quarters. 6. Considering the submissions of the parties and in the light of the order passed by this Court in the aforesaid letters patent appeal, this writ application is disposed of by permitting the parties to resolve their issues in a meeting to be called by the Chief Secretary, Government of Bihar or his nominee. Such meeting be held on 1st of October, 2012 at 3 P.M. in the chambers of the Chief Secretary, Government of Bihar or his nominee. The petitioner or his nominee shall participate in the said meeting. All sincere endeavours shall be made by both the parties, so that the matter could be resolved and in case it is resolved in the said meeting that 3, Bailey Road, Patna would be vacated, in such situation, the State shall provide alternative accommodation in a Government quarters to the petitioner and on receiving the alternative accommodation, the petitioner shall vacate 3, Bailey Road, Patna within a period of one month thereafter or as agreed upon in the meeting. 7. Till the matter is pending consideration in the meeting, let no coercive action be taken against the petitioner. 8. The writ application stands disposed of with the above observations/directions.