Rajesh Kumar Singh vs The State Of Bihar
2023 Latest Caselaw 2156 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.6567 of 2023
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Rajesh Kumar Singh, Son of Late Kameshwar Singh Resident of Village- Anugrah Nagar Baluahi, Post Office and Police Station- Mohiuddin Nagar, District- Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Secretary-cum-Legal Rememberance, Law Department, Government of Bihar, Patna.

3. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

4. The Registrar General, Patna High Court, Patna.

5. The District Judge, Samastipur, District- Samastipur.

6. The District Magistrate, Samastipur, District- Samastipur.

7. The Sub-Divisional Officer, Patori, District- Samastipur.

8. The Deputy Collector Land Reforms, Patori, District- Samastipur.

9. The Circle Officer, Patori, District- Samastipur.

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate Mr. Surendra Kumar Mishra, Advocate Mr. Amit Kumar, Advocate For the Respondent/s : Mr. S. D. Yadav (AAG-9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 05-05-2023

The prayer in the writ petition is to construct the

Civil Court Building, Shahpur Patori on the agricultural farm

land or 100 metre north of Shahpur Patori Railway Station. The

petitioner also seeks for setting aside the proposal of respondent

no. 9 and to implement any other proposal beneficial to the Patna High Court CWJC No.6567 of 2023 dt.05-05-2023

people of Shahpur Patori, District-Samastipur. The reliefs

prayed for are in the form of questionnaire as to whether

respondent no. 6 demanded a proposal from the Revenue Clerk

for the aforesaid construction; whether on the report of Revenue

Clerk respondent no. 9 sent a proposal and whether the Revenue

Clerk sent a proposal for acquiring raiyati lands which are 5

kilometers away and is a flooded area with no access to

communication. We are afraid that there is no public interest

discernible from the aforesaid prayers made which is almost in

the nature of seeking information for which there are adequate

remedies available under the Right to Information Act, 2005.

In any event, we are not convinced there could be

any such claim made in public interest, especially when the

High Court is in seisin of the infrastructure needs of the District

Courts. The land for construction of court complexes are first

identified by the local inspection conducted by the District

Judge and the District Magistrate upon which a proposal is sent

either to the Law Department or to the High Court. The

Infrastructure Committee of Judges appointed in the High Court

then considers the proposal and then with appropriate

consultation with the Law Department and the Building

Construction Department approves the identification of the plot Patna High Court CWJC No.6567 of 2023 dt.05-05-2023

and building construction for the purpose of establishment of

Courts.

We are of the opinion that the writ petition lacks

bona fide, and the same has to be dismissed in limine.

(K. Vinod Chandran, CJ)

( Rajiv Roy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          09.05.2023
Transmission Date