Vikash Chandra Guddu Baba vs The State Of Bihar And Ors
2023 Latest Caselaw 3492 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.12139 of 2017
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Vikash Chandra Guddu Baba S/o Late Ramashraya Prasad Singh, presently residing at Mahatma Gandhi Path, Kurji, Baluper, P.O.- Sadakat Ashram, P.S.- Digha, District- Patna.

... ... Petitioner/s Versus

1. The State Of Bihar and Ors

2. The Principal Secretary, Art, Culture and Youth Department, Govt. of Bihar, Patna.

3. The Director General, Bihar State Sports Authority, Bihar, Patna.

4. The District Magistrate, Patna.

5. The Chairman, Bihar Cricket Association, Moinul Haque Stadium, Patna.

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

For the Petitioner/s : Mr. Vikash Chandra Guddu Baba (In Person) For the Respondent/s : Mr. Sarvesh Kumar Singh -(AAG-13) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-08-2023

The above writ petition was disposed on

21.07.2023 finding that the Bihar Cricket Association which

was directed to be impleaded, was not impleaded. We were later

told that the Bihar Cricket Association had been impleaded.

Also considering the fact that the State wanted to file a counter

affidavit, the earlier order is recalled.

2. A party-in-person has filed the above writ Patna High Court CWJC No.12139 of 2017 dt.03-08-2023

petition to take appropriate steps for maintenance of Moinul

Haq Stadium, Rajendra Nagar, Patna and all sports complex

(stadium) in other districts under the State of Bihar and also for

any other order, the petitioner is found entitled in the facts and

circumstances of the case(sic).

3. The petitioner pointing out one of the stadiums in

Patna has sought for blanket directions insofar as every stadium

within the State of Bihar even without basic enquiry as to which

are the stadiums he requires to be maintained.

4. Though the petitioner claims that he has been

termed as a 'whistle blower' by this Hon'ble Court, we are not

happy with the irresponsible manner in which the writ petition

has been filed also based on paper reports without conducting

any enquiry and the failure to bring before this Court the

essential facts for invocation of the extraordinary writ

jurisdiction.

5. We are unable to grant any blanket directions as

has been prayed for by the petitioner. Insofar as the Stadium

named in the writ petition, the Deputy Director, Youth Welfare

Bihar, Patna has filed an affidavit in which it is stated that there

was an attempt initiated to finalize a Memorandum of

Understanding (MoU) with the Bihar Cricket Association Patna High Court CWJC No.12139 of 2017 dt.03-08-2023

(BCA) for allotment of Moinul Haq Stadium to the BCA on

lease for its development. It was also stated that various options

are being examined for developing the Stadium since it involves

huge financial expenditure and the State is unable to spend

money for the same as on date. A scheme termed as 'Mukhya

Mantri Khel Vikash Yojna' is also implemented by which there

is a proposal to establish a stadium in all the Districts in Bihar. It

has also been stated that necessary instructions have been issued

for the continuous supervision and speedy implementation of

the construction work.

6. In a supplementary counter affidavit filed by the

respondent No.2 it has also been stated that the proposal for

handing over the Stadium on lease has proceeded further and the

Bihar Cricket Association also has agreed to a lease of thirty

years. The letter of the Bihar Cricket Association was also

produced as Annexure-R2/5 along with the counter affidavit

which letter is dated 14.05.2018.

7. The supplementary affidavit dated 02.08.2023

indicates that the Moinul Haq Stadium is being maintained by

the Manager of the Stadium under the administrative control of

Art, Culture and Youth Department, Government of Bihar. The

Building Construction Department of the Government carries on Patna High Court CWJC No.12139 of 2017 dt.03-08-2023

the renovation and painting works of the stadium. The Building

Construction Department has selected a consultant for

renovation/reconstruction work with revised design/map. The

proceedings of a meeting held on 16.02.2022 as produced as

Annexure-R2/4 and the decision was informed to the consultant

by Annexure-R2/5. A further meeting was held on 24.02.2021

under the Chairmanship of the Hon'ble Minister in the presence

of the officials including Principal Secretary, Art, Culture and

Youth Department, Project Director, Patna Metro Rail Project

and the Chief Architect of the Building Construction

Department, the minutes of which is produced as Annexure-

R2/6. The amendments proposed were also communicated to the

consultant by Annexure-R2/7. A presentation was made by the

consultant incorporating the changes on 27.08.2021. As of now,

Art, Culture and Youth Department has granted approval on

10.02.2023 to the Conceptual Drawing, PPR, Estimates

submitted by the consultant on 22.11.2022. The Department has

also given a 'No Objection Certificate' to the Urban

Development and Housing Department for

reconstruction/renovation of the stadium.

8. The public interest writ petition served its purpose

and in such circumstance, we find no reason to keep it pending Patna High Court CWJC No.12139 of 2017 dt.03-08-2023

further.

9. The writ petition would stand closed.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) sharun/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          07.08.2023
Transmission Date