Patna High Court
Bibhash Chandra Choudhary vs The State Of Bihar on 9 May, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17614 of 2022
======================================================
Bibhash Chandra Choudhary, S/o Late Raichand Choudhary, R/o Gami Tola,
P.S.-Town Thana, P.O. and District-Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Director General of Police, Bihar, Patna.
3. The Additional Chief Secretary, Urban Development Department, Govt. of
Bihar, Patna.
4. The District Magistrate, Katihar.
5. The Superintendent of Police, Katihar.
6. The Chief Municipal Commissioner, Katihar Municipal Corporation,
Katihar.
7. Smt. Rina Devi, W/o Late Bharat Bhushan Paswan, R/o Sitla Asthan,
Mirchaibari, Ward No.-8, P.S.-Sahayak, District-Katihar, Ex-Chief
Councillor of the then superseded Katihar Nagar Parishad, District-
Katihar.
8. Sri Manjur Khan, S/o Late Mansur Khan, R/o-Mofur Ganj, Ward No. -36,
P.S.-Town Thana, District-Katihar, Ex-Deputy Chief Councillor of
superseded Katihar Nagar Parishad, District-Katihar.
9. Sri Bijay Singh, S/o Late Prithvi Singh, R/o-Durgapur, Ward No. -33, P.S.-
Town Thana, P.O. and District-Katihar, Ex-Mayor, Katihar Municipal
Corporation, Katihar.
10. Smt. Pushpa Devi, W/o Sri Rajan Yadav, R/o Officers Colony, Mirchaibari,
Ward No.-7, P.S.-Sahayak, District-Katihar, Ex-Deputy Mayor, Katihar
Municipal Corporation, Katihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar Singh, Advocate
For the Respondent/s : Mr. Subhash Pd. Singh (GA3)
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE MADHURESH PRASAD)
Date : 09-05-2023
The present writ application has been filed as Public
Interest Litigation (PIL) seeking directions for conduct of
Patna High Court CWJC No.17614 of 2022 dt.09-05-2023
enquiry by the Central Bureau of Investigation or the
Enforcement Directorate in relation to alleged illegal settlement
of commercial land situated within the limits of Katihar
Municipal Corporation in between 2007 to 2016. The writ
application has been filed in the year 2022.
2. The petitioner alleges settlement of commercial land
"either by the then Chief Councillor/Deputy Councillor of the
then Municipal Corporation Katihar, or by the then
Mayor/Deputy Mayor of Katihar Municipal Corporation
Katihar". He has also placed on record, by way of an
interlocutory application bearing I.A. No. 01 of 2023, copies of
several lease deeds executed in favour of the lessees by the
Municipal Corporation, Katihar. None of these lesses have been
impleaded in the writ petition.
3. Having considered the matter in its entirety, we are of
the opinion that no issue of public interest concerning any
marginalised/weaker/inarticulate section of society is espoused
by the instant proceedings. The issue of legitimacy of lease hold
rights of about 50 lessees has been raised by the petitioner that
also merely upon his opinion regarding the entire transactions
being illegal without there being any material to support such
opinion of the petitioner.
Patna High Court CWJC No.17614 of 2022 dt.09-05-2023
4. The relief sought for, extracted above also shows that
the petitioner has not approached this Court with any concrete
grievance; and on surmises and conjuncture, he has resorted to
this writ proceeding by way of PIL.
5. For these reasons, we are not inclined to proceed
further and close these proceedings.
6. Writ petition is dismissed.
(K. Vinod Chandran, CJ)
( Madhuresh Prasad, J)
SUMIT/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 12.05.2023
Transmission Date NA
