The Division Bench of the Patna High Court, comprising Chief Justice K. Vinod Chandran and Justice Partha Sarthy in the case of Sudama Kumar vs. State of Bihar and Others has dismissed the PIL alleging that the Bodhgaya Temple Management Committee is carrying out an illegal construction within the 100 meters radius of the World Heritage Site declared by the UNESCO.
The petitioner alleged that the construction is made in complete violation of the provisions of the Bihar Building Bye-Laws, 2014 and the Bihar Municipal Act, 2007 and the construction is without the sanction from the Bodhgaya Nagar Parishad.
The Court was informed that the petitioner had filed another PIL with same relief which was dismissed by the division bench by observing that the petition is bereft of any material particulars and there is only a bald allegation that the Bodhgaya Temple Management Committee is making a construction in and around the Bodhgaya Temple.
The bench heard the submission of the Petitioner and observed that “it is trite law that there cannot be repeated petitions filed for the very same relief before the High Court; even when it is in public interest, especially by the very same petitioner.”
The bench further expounded that the present writ petition suffers from the very same defects pointed out in previous judgment judgment. The petitioner in the memorandum has waxed eloquent about the history of the temple, but however, it is bereft of any material particulars, as to the construction or the violations alleged.
Therefore, the Bench dismissed the petition and held that nothing pleaded or produced before this Court to entertain the writ petition as a Public Interest Litigation.
Case Details
Case:- Civil Writ Jurisdiction Case No.7999 of 2023
Petitioner:- Sudama Kumar
Respondent:- State of Bihar and Others
Counsel for the Petitioner - : Mr. Kumar Shubham
Counsel for the Respondent – Mr. Lalit Kishore
Judge: Chief Justice K. Vinod Chandran and Justice Partha Sarthy
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