PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 13:
Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner, Mr. Ajay Kumar Thakur, learned counsel for the Opposite Party No. 2 as well as Mr. Rajesh Kumar, learned A.P.P. for the State.
2. The present modification application has been filed for modifying the order dated 16.04.2024 passed in Cr. Misc. No. 72012 of 2023.
3. Learned counsel for the petitioner submits that the learned Court has directed to maintain status quo and apart from that the Court has granted bail to the petitioners who are Opposite Parties in the present modification application. He further submits that the petitioner is the elected Secretary of Bihar Sanskrit Vidyapith, Patna. The Executive Committee is duly elected by the Aam Sabha and registered under Society Registration Act and duly approved by Inspector General Registration, Bihar, Patna vide letter no. 206 dated 24.04.2024.
4. Learned counsel for the petitioner submits that the condition mentioned in the operative portion of the order dated 16.04.2024 passed in Cr. Misc. No. 72012 of 2023, the opposite parties first set have not allowed to carry and discharge the necessary maintenance work and day to day required rituals and making arrangement for proper functioning of the educational institution for imparting Sanskrit education with vedic teaching amix with the modern scientific knowledge.
5. Learned counsel for the petitioner submits that the petitioner has filed a petition on 27.12.2024 addressing to the Assistant Registrar, Registration Department, Government of Bihar seeking permission to allow the Executive Committee of Bihar Sanskrit Vidyapith to carry maintenance work and routine work for better management and upliftment of Vidyapith and also tried to convince the authority of Registration Department that order passed by the Hon'ble Court containing condition of maintaining status quo is interim in nature. He further submits that petitioner is representing duly elected and duly recognized Executive Committee of the Vidyapith and as such order/observation of Hon'ble Court "both the parties are directed to maintain status-quo" may not be applicable in the present facts and circumstances as mentioned aforesaid. He further submits that the duly elected Executive Committee, registration no. 11/1956-57 has been renewed and said committee has vested power and right to take decision regarding functioning of Vidyapith.
6. Learned counsel for the petitioner submits that the petitioner has filed a representation dated 27.01.2024 before the Registration Department but the department has not taken any decision and asked the petitioner to seek modification of order dated 16.04.2024 passed in Cr. Misc. No. 72012 of 2023. Then the petitioner has approached before this Court for modification of the order dated 16.04.2024.
7. Learned counsel for the Opposite Party No. 2 submits that the modification is not required in the present case on the ground that the Title Suit No. 6 of 2020 is still pending for consideration before the competent Court of law and one another Title Suit No. 303 of 2021 is also pending and the parties shall abide the outcome of the aforesaid title suit and the Court has granted status-quo on the ground that the title suit is pending between the parties.
8. Considering the aforesaid facts that after passing the order dated 16.04.2024 passed in Cr. Misc. No. 72012 of 2023 the Registration Department has approved the petitioner as an elected Secretary of Bihar Sanskrit Vidyapit, Patna and the Executive Committee is also elected by the Aam Sabha and the same is registered under the Society Registration Act and the status quo is maintained in the aforesaid order has become hurdle in day to day functioning. Hence, the order dated 16.04.2024 is modified to the extent that the sentence "both the parties are directed to maintain status-quo" shall be expunged from the said order.
9. Accordingly, the present modification petition stands disposed of.
Disclaimer: Curated by HT Syndication.
