Patna High Court
Vivekanand Mishra vs The State Of Bihar on 18 September, 2024
Bench: Chief Justice, Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12702 of 2024
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Vivekanand Mishra, Son of Late Satyanarayan Mishra, Resident of village-
Ganoul, Anchal- Narayanpur, P.S.- Bhawanipur, District- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Panchayat Raj
Department, Patna.
2. The Director, Panchayat Raj Department, Bihar, Patna.
3. The Additional Secretary, Panchayat Raj Department, Bihar, Patna.
4. The Divisional Commissioner, Bhagalpur Division, Bhagalpur.
5. The District Magistrate, Bhagalpur.
6. The Superintendent of Police, Naugachhia, District- Bhagalpur.
7. The District Panchayat Raj Officer, Bhagalpur.
8. The Deputy Collector, Land Reforms, Naugachhia, District- Bhagalpur.
9. The Sub Divisional Officer, Naugachhia, District- Bhagalpur.
10. The Block Development Officer, Narayanpur, District- Bhagalpur.
11. The Circle Officer, Narayanpur, District- Bhagalpur.
12. The Mukhiya, Sihpur Paschim Panchayat, Block- Narayanpur, District-
Bhagalpur.
13. Sri Pritam Mishra Son of Sri Jarmani Mishra and Mukhiyapati, Sihpur
Paschim Panchayat, Block- Narayanpur, District- Bhagalpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : None
For the Respondent/s : Mr. P.K. Shahi, Advocate General
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 18-09-2024
The writ petition is filed as a Public Interest Litigation
alleging that the Respondent Nos. 12 and 13 have misused
government funds by constructing a Samudayik Bhawan on a
Patna High Court CWJC No.12702 of 2024 dt.18-09-2024
road and also on a private land.
2. A counter affidavit is filed by the respondents,
wherein it has been clearly stated that the subject building was
constructed in Khata No. 751, Khesra No. 717 with Jamabandi
No. 2646 in Mauza Sihpur. Twenty per cent of the land belongs
to the Government being Gair Majarua land and 75 per cent
belongs to private respondent Pritam Mishra and his four
brothers. It is also submitted that 2.88 decimals of land was
purchased from Pritam Mishra and his four brothers while the
eldest brother Pawan Kumar Mishra donated land in favour of
the State Government.
3. None appeared for the petitioner consistently on the
earlier two occasions. Today also, none appeared for the
petitioner when the matter was called in the list and then kept
aside for hearing.
4. The writ petition stands dismissed with cost of Rs.
5,000/- as against the writ petitioner for filing a frivolous
petition without proper inquiry. The cost shall be payable to the
Bihar State Legal Services Authority. The said amount will have
to be paid within a period of two weeks, failing which the Bihar
State Legal Services Authority will be entitled to proceed for
recovery by taking measures similar to recovery of arrears due
Patna High Court CWJC No.12702 of 2024 dt.18-09-2024
on land through the District Magistrate, in which event the
petitioner shall also be liable for the charges incurred for
making such recovery, which have to be recovered by the State.
5. Let a copy of this judgment be transmitted to the
Member Secretary, Bihar State Legal Services Authority.
(K. Vinod Chandran, CJ)
(Partha Sarthy, J)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date 20.09.2024
Transmission Date
