Kailas Choudhari vs The State Of Bihar
2023 Latest Caselaw 3418 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.10109 of 2023
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1. Kailas Choudhari Son of Late Ugam Chaudhari, Resident of Village- Jasauli Tola radal Hata, P.S. Pachrukhi, District- Siwan, Pin code - 841241.

2. Achchhela Singh Son of Late Balachandra Singh, Resident of Village-

Jasauli Tola radal Hata, P.S. Pachrukhi, District- Siwan, Pin code - 841241.

3. Surendra Singh Son of Narayan Singh, Resident of Village- Jasauli Tola radal Hata, P.S. Pachrukhi, District- Siwan, Pin code - 841241.

4. Oshihar Chaudhary Son of Achhelal Choudhari, Resident of Village- Jasauli Tola radal Hata, P.S. Pachrukhi, District- Siwan, Pin code - 841241.

5. Arjun Yadav Son of Dhaman Choudhari, Resident of Village- Jasauli Tola Radal Hata, P.S. Pachrukhi, District- Siwan, Pin code - 841241.

... ... Petitioner/s Versus

1. The State of Bihar through the collector, Siwan, P.S. and District Siwan.

2. The Additional Collector, Revenue, Siwan, P.S. and District Siwan.

3. The Circle Officer, Pachrukhi, P.S. - Pachrukhi, District- Siwan.

4. The Station House Officer (S.H.O.), Nagar P.S. Siwan.

5. The Investigation officer, Nagar P.S. Case No. 243/2020, Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Mishra, Advocate For the Respondent/s : Mr. P.K. Shahi (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-08-2023

1. The writ petition is filed to direct the respondents-

authorities to stay the construction of Jan Nayak Karpuri Thakur

Chhatravas on Khata No.91, Survey No.4308, Area-6 Bighas, 9

Kathas, 1 Dhur on Gair Majarua Malik land, which has been

used as public playground. It is also prayed that the respondents Patna High Court CWJC No.10109 of 2023 dt.01-08-2023

be directed to shift the proposed construction to another place

within the nearby Panchayats so as to preserve the playground.

The writ petition is said to be in public interest since the

playground can be used not only for the physical well-being of

children, but also for the purpose of training the members of the

public for appointment to the Army and the Police.

2. We cannot but notice that the prayers cannot be

granted in a public interest litigation. It is for the State to decide

as to whether the playground has to be preserved and

maintained or its conversion into a hostel for the students.

3. We find no reason to interfere in the matter and

dismiss the same.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) Sunil/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          07.08.2023
Transmission Date