Research › Search › Judgment

Jharkhand High Court · body

2024 DIGILAW 1036 (JHR)

Director, Sainik Kalyan Nideshalaya, Home Department, Ranchi v. State of Bihar

2024-12-16

ANUBHA RAWAT CHOUDHARY

body2024
JUDGMENT : (Anubha Rawat Choudhary, J.) Heard the learned counsel appearing on behalf of the parties. 2. This writ petition has been filed on 16.10.2003 for the following reliefs:- (a) Issuance of a writ of or in the nature of a mandamus commanding upon the respondents No. 1, 2 and 3 to abide by the mandate of Sections 42,43 and 46 of the Bihar Reorganization Act and to, the therefore, disclose, account for and divide in the population ratio which is two/third Bihar and one/third Jharkhand the bank balances, investments, credits and funds, which are estimated to be to the tune of about Rs. 10.00 Crores in aggregate(i.e. both at Ranchi and Patna) as on 15.11.2000, which is the appointed day under the said Act. (b) Issuance of a writ of or in the nature of a prohibition prohibiting the respondents No.1 to 4 from withdrawing or taking away any money or moneys from the various Bank Accounts of the Sainik Kalyan Nideshalaya of Jharkhand (including Savings Bank Account No.10561 and the Fixed/Term Deposit Accounts relating to Receipt No. 898328), which are presently deposited in Ranchi with Respondent No. 4, until the division is made in respect of the bank balances, investments and funds in the bank accounts at Patna estimated to be about Rs.8.00 Crores, (c) Issuance of a writ or in the nature of a mandamus commanding upon the said respondents No.1 to 4 to pay back and refund to the petitioner, the of Rs. 31,10,501.05 taken away by the said respondents No.1 to 3 from the respondent No.4 from the Bank Account of the Sainik Kalyan Hideshalaya being Savings Bank Account No. 9007 on 12.8.2002 without any information to this petitioner and which was so taken away illegally and in contravention of the provisions of the Bihar Re-organization Act of 2000 (d) Issuance of an appropriate writ or order or direction declaring that all the properties of the erstwhile undivided Sainik Kalyan Nideshalaya but situated in the territory of Jharkhand, now belong to and are the assets of the Sainik Kalyan Nideshalaya of Jharkhand which comes under the Home Department of the State Government of Jharkhand including all movable and immovable properties situated in the territory of the State of Jharkhand; 3. The petitioner representing Sainik Kalyan Nideshalaya Home Department, Ranchi has stated that Sainik Kalyan Nideshalaya is an organization constituted for the welfare and rehabilitation of retired and disabled personnel of the defence services and war widows. It is an organization under the Home department of the State Government. Prior to bifurcation of the State of Bihar, there was Sainik Kalyan Nideshalaya, under the Department of Home of the Government of Bihar. After the bifurcation of the State of Bihar and creation of the State of Jharkhand, there is Sainik Kalyan Nideshalaya under the Home Department of the State of Jharkhand at Ranchi, the petitioner before this court. Amongst various properties owned by the then Sainik Kalyan Nideshalaya, under the Department of Home of the Government of Bihar one property is situated at Dr. Rajendra Prasad Jawan Bhawan-cum-Sainik Bazar situated at Main Road, Ranchi which now falls under the Sainik Kalyan Nideshalaya, State of Jharkhand. It is submitted that paragraph 6 of the writ petition gives the details of other Zila Sainik Kalyan Karyalaya and also the other assets of the then Sainik Kalyan Nideshalaya, State of Bihar. It has been asserted in paragraph 7 of the writ petition that since Sainik Kalyan Nideshalaya is an organization directly under the Home Department of the State Government, the division of assets and liabilities are to be governed by the provision of Section 42 of the Bihar Reorganization Act, 2000. It has been further asserted that there was a saving bank account in Main Road, Ranchi and there was term deposit in the said account. It is alleged that after the bifurcation of the State, the respondents-State of Bihar without notice to the petitioner in the state of Jharkhand have taken away sum of Rs. 31,10,501.05 from the aforesaid saving bank account at Ranchi and a demand was made from the bank at Ranchi claiming the maturity amount of the fixed deposit receipt no. 898328 for maturity value of Rs. 94,14,223 matured on 06.09.2003. 4. It is submitted that at this stage, the petitioner moved this court when the respondents were trying to take away the maturity amount of the aforesaid fixed deposit receipt and in the writ petition a challenge has also been made with regards to Rs. 31,10,501.35 which has already been taken away and their subsequent attempt to take away the aforesaid maturity amount of Rs. 94,14,223.00. 5. 31,10,501.35 which has already been taken away and their subsequent attempt to take away the aforesaid maturity amount of Rs. 94,14,223.00. 5. Considering the nature of dispute, initially the notices were issued in the writ petition and the respondent no. 1,2 and 3 were also directed to apprise this court as to whether they are ready for mediation. Ultimately it was informed by the respondent no. 1,2 and 3 that they are not ready for mediation in the matter. Further, a supplementary counter affidavit dated 10.04.2023 has been filed mentioning that there is inter se dispute between Government of Bihar and Jharkhand which is amenable to the original jurisdiction of the Hon’ble Supreme Court of India, hence the present writ petition is not maintainable. No rejoinder has been filed to the said supplementary counter affidavit. 6. This court finds that essentially the dispute between the parties is relating to the division of assets and liabilities between the present State of Bihar and the State of Jharkhand which was carved out from the then State of Bihar with effect from 15.11.2000 by virtue of Bihar Reorganization Act, 2000. 7. Considering the nature of dispute involved in this case, this court is of the view that such a dispute cannot be resolved through writ jurisdiction, rather the writ petition seeking the relief as prayed is not maintainable as it involves matter regarding division of asset and liabilities between the present Sainik Kalyan Nideshalaya, under the home department of the State of Jharkhand and the present Sainik Kalyan Nideshalaya, under the home department of the State of State of Bihar. Accordingly, the parties are at liberty to avail their remedies in accordance with law. 8. This writ petition is disposed of in the aforesaid terms.