STATE OF BIHAR Vs. HARDINGE MEMORIAL FUND TRUST
LAWS(PAT)-2021-8-5
HIGH COURT OF PATNA
Decided on August 09,2021

STATE OF BIHAR Appellant
VERSUS
Hardinge Memorial Fund Trust Respondents

JUDGEMENT

S. Kumar,J. - (1.) Heard learned counsel for the parties.
(2.) MJC No.1098 of 2020 has been filed by State of Bihar for modification of order dated 20.07.2007 passed in CWJC No.15445 of 2005 by which this Hon'ble Court had directed not to allow any activity on the 22.82 acres of land other than what had been specifically mentioned in the government grant of 1915, whereas CWJC No.12603 of 2015 has been filed by Shambhu Sharan Singh for a direction to the State authorities to develop Park on the entire 22.82 acres of land, as per earlier order and direction dated 20.07.2007 passed by learned Single Judge in CWJC No.15445 of 2005 and appeal preferred was dismissed by Division Bench by order dated 20.02.2008 passed in LPA No.979 of 2007.
(3.) Briefly stated the facts of the case is that by a deed of grant dated 8.9.1915, executed by the Collector on behalf of Secretary of State for India, land measuring 24.30 acres was handed over to Hardinge Memorial Committee for establishing and maintaining a public park as Hardinge Park in memory of Lord Hardinge and thereafter Hardinge Park was developed and opened for general public on 31.01.1916. After the original members of Committee died, some of surviving original subscribers and some of the representatives of the deceased original subscriber to the Harding Memorial Committee convened a meeting on 17.11.1934 resolving that Harding Memorial Committee constituted on 28.9.1913 stands dissolved and Hardinge Memorial Fund Trust is created as its successor by a registered deed for the maintenance and upkeep of the Hardinge park which included 9 persons and thereafter said Trust started managing the affairs of Hardinge Park.;


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