Patna High Court
Chandeshwar Sharma vs The State Of Bihar on 19 January, 2024
Bench: Chief Justice, Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1025 of 2024
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Chandeshwar Sharma Son of Late Nirghin Sharma, Resident of Village-
Dadupur, Police Station- Bikram, District- Patna, presently residing at Tilak
Nagar, Rukanpura, Post Office- B.V. College, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Art,
Culture and Youth, Government of Bihar, Patna.
2. The District Magistrate, Patna.
3. The Circle Officer, Bikram, District- Patna.
4. The Block Development Officer, Bikram, District- Patna.
5. Subodh Tiwari, Son of Sidhdnath Tiwari, Resident of Village- Dadupur,
Police Station- Bikram, District- Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Respondent/s : Standing Counsel-5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 19-01-2024
The petitioner, asserts public interest in raising the
issue of the construction of a community hall over the land
bearing Khata No. 125, Plot No. 419 area 50 decimal. It is stated
that there is a library bhawan in the said property for last
seventy years and the balance land is used as a playground.
Utilizing the MLA fund a community hall is being constructed
allegedly at the instance of the respondent no. 5, is the
contention raised.
Patna High Court CWJC No.1025 of 2024 dt.19-01-2024
2. The petitioner has produced a photograph of the
on going construction as Annexure-P/5 series, which itself
indicates that it has commenced and proceeded substantially.
The building in the said land as is seen from the photograph is a
dilapidated one.
3. The petitioners very contention is that the Circle
Officer, Bikram, Patna and the Block Development Officer,
Bikram, Patna and the 5th respondent are colluding to make the
construction of the community hall. Obviously the construction
is for a public purpose and it is not stated as to the status of the
5th respondent, who is alleged to be involved in the construction.
4. The construction of a community hall, as has
been stated, is for a public benefit and it is for the state
authorities to decide on the site of such construction. In the
present case, despite the construction having been proceeded to
a large extent the petitioner has not chosen to challenge the
same till date.
5. We do not find any public interest involved in
the writ petition and we suspect an ulterior motive insofar as the
writ petition filed against the construction. Neither has the 5 th
respondent's connection with the construction disclosed nor has
the Circle Officer Bikram, Patna and Block Development
Patna High Court CWJC No.1025 of 2024 dt.19-01-2024
Officer, Bikram, Patna, against whom allegations are made,
impleaded in the personal capacity.
6. We find absolutely no reason to entertain the writ
petition and dismiss the same in limine.
(K. Vinod Chandran, CJ)
(Rajiv Roy, J)
aditya/-
AFR/NAFR
CAV DATE
Uploading Date 23.01.2024.
Transmission Date
