Jharkhand High Court
Prem Kumar vs The Jharkhand State Housing Board (In ... on 3 March, 2023
Author: S. K. Mishra
Bench: Chief Justice, Rongon Mukhopadhyay
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 1048 of 2020
Prem Kumar, son of K.M.P. Singh, Seraikella-Kharswan
... ... ... ... ... ... Petitioner
Versus
1. The Jharkhand State Housing Board (in short JSHB), Ranchi
through its Managing Director.
2. The Manager Estate, JSHB, Ranchi
3. The Executive Engineer, JSHB, Ranchi
4. The State of Jharkhand through the Chief Secretary
5. The Principal Secretary, City/Town Development Department,
Government of Jharkhand, Ranchi.
6. The Deputy Commissioner, Seraikella-Kharswan
7. The Sub Divisional Officer, Seraikella-Kharswan
8. The officer-in-charge, RIT Police Station, Adityapur, Seraikella-
Kharswan
... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RONGON MUKHOPADHYAY
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For the Petitioner: Ms. Ravi Kumar Singh, Advocate
Ms. Rubi Yadav, Advocate
For the JSHB: Mr. Sachin Kumar, Advocate
Ms. Sweta Shukla, Advocate
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06/Dated: 03.03.2023
Upon hearing the learned counsel for the parties, this Court
passed the following, (Per. S. K. Mishra, C.J.)
ORDER
1) By filing this Public Interest Litigation, the petitioner has prayed for issuance of a writ/rule/direction especially a writ in the nature of Mandamus directing the respondent no. 1 to 3, not to make allotment of the Plot measuring 320x160 Sq. ft. on the western side and between Road no.13-14, situated at Adityapur Housing Colony, Adityapur, Adityapur-2, which is being used for parking on occasions of marriage/anniversary parties in the locality and besides this space the colony does not have any other such space.
2) It is borne out from the records that on earlier occasions, three other persons, namely, Krishna Kumar Srivastava, Rambhajan Sharma and Birendra Singh, all residents of Adityapur Housing -2- Colony, Road No.13 & 14, have approached this Court by filing W.P. (C) No. 6551 of 2018 seeking a direction from this Court to restrain the respondents-Jharkhand State Housing Board from making any allotment of plot on the western side of the vacant plot between Road No.13 and 14 situated at Adityapur Housing Colony, Adityapur-2, PO- Adityapur, District Seraikella-Kharswan on the ground that it is being used as playground/park and same has been shown as playground/park in the master plan and the authorities have no jurisdiction to settle the piece of land in favour of any person.
3) When considering the matter, the learned Single Judge as per the judgment dated 14th August, 2019 has held as follows:-
"Further admitted fact in this case is that the petitioners' possession over their flats are not being disturbed by the Jharkhand State Housing Board rather the petitioners being aggrieved with the action of the respondent-Board since they have taken a decision to develop the open space which has been earmarked as "open space" in the lay out plan which the petitioners are claiming to be a master plan as has been annexed as Annexure-2 to the writ petition as also in the supplementary affidavit and from its perusal it is evident that the plot, which has been shown to be open space, has not been shown to be an open space in the master plan rather only the lay out has been carved out.
It further appears from the said lay out plan that the other space which has been earmarked as open space to be used as playground or park has specifically been mentioned in the aforesaid lay out plan but so far as the open space in question is concerned, there is no reference having been made by the Jharkhand State Housing Board for its use as open space by using it as park or playground."
4) Thus, it is clear that the land in question has not been earmarked for using it as park or playground. Moreover, the present petitioner claiming himself to be a public interest based person is also -3- resident of Adityapur-2. In that view of the matter, we are very much suspecting the credential of the present petitioner. This Public Interest Litigation appears to be a motivated Public Interest Litigation filed with an oblique motive. Hence, this Public Interest Litigation is dismissed with a cost of Rs.20,000/- (Rupees Twenty Thousand) to be deposited by the petitioner in the coffers of Advocate's Clerks Association Welfare Fund, Jharkhand High Court, Ranchi, within a period of one month, failing which appropriate application may be initiated by the Association.
(S. K. Mishra, C.J.) (Rongon Mukhopadhyay, J.) Manoj/-