Patna High Court
Satish Kumar Paswan @ Birendra Kumar Pa vs The State Of Bihar & Ors on 6 April, 2017
Bench: Chief Justice, Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9498 of 2016
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Satish Kumar Paswan @ Birendra Kumar Paswan, Son of Sri Iswari paswan
Resident of Village- Helajot, PO and PS Jhajha , District Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Bihar, Patna.
2. The Principal Secretary, Department of Urban Development and Housing Govt.
of Bihar, New Secretariat, Patna.
3. The Principal Secretary, Department of Revenue and Land Reforms Govt. of
Bihar, Old Secretariat, Patna.
4. The Collector, Jamui District Jamui.
5. The Development Commissioner, Govt of Bihar, Patna-Cum Urban Chairman,
Bihar Urban Infrastructure Development Corporation (BUIDCO) Patna.
6. The Chief General Manager, Bihar Urban Infrastructure Development
Corporation (BUIDCO) , Patna.
7. The Managing Director, Bihar Urban Infrastructure Development Corporation
(BUIDCO), Patna.
8. The Project Director, Bihar Urban Infrastructure Development Corporation
(BUIDCO), Patna.
9. The General Manager (Work), Bihar Urban Infrastructure Development
Corporation (BUIDCO), Patna.
10. The Manager (Finance), Bihar Urban Infrastructure Development Corporation
(BUIDCO) , Patna.
11. Sri Anand Bhairav Prasad, the Project Director (Headquarter), Bihar Urban
Infrastructrue Development Corporation (BUIDCO) Patna.
12. Sri Mahtab Alam, the Manager (Finance), Bihar Urban Infrastructure
Development Corporation (BUIDCO), Patna.
13. Sri Ratnesh Kumar, the Project Director (SIU-3), Bihar Urban Infrastructure
Development Corporation (BUIDCO) , Patna.
14. Sri Zahid Ahmed, the Deputy Project Director (SIU-3), Bihar Urban
Infrastructure Development Corporation (BUIDCO) , Patna.
15. Sri Dhiraj Kumar, the Manager Finance (SIU) , Bihar Urban Infrastructure
Development Corporation (BUIDCO) , Patna.
16. The Executive Officer, Nagar Panchayat , Jhajha, District Jamui.
17. The Chairman, Nagar Panchayat, Jhajha, District Jamui.
18. Sri Lal Rupak Kumar Singh, Son of lal Naresh Singh, Resident of Mohalla-
Uganichak, PO Amrath, PS Jamui, District Jamui, the Contractor of NIT no.
BUIDCO/Yo- 687/14-87 dated 6.12.2014 related to construction of work Jhajha
Urban Area Bus Stand.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Nityanand Mishra, Advocate
For the State : Mr. Anil Kumar Sinha- GA-1
Ms. Aditi Hansaria, AC to GA-1
For Respondent Nos.16 & 17 : Mr. Rajesh Kr. Sinha, Advocate
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Patna High Court CWJC No.9498 of 2016 dt.06-04-2017
2/3
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date: 06-04-2017 In the matter of construction of Jhajha Urban Area Bus Stand, petitioner has filed this writ petition primarily making a grievance that some of the respondents, i.e. respondent nos.16, 17 and 18 have committed various irregularities in the construction of the Bus Stand and, therefore, action should be taken against them. However, from the counter affidavit and the documents filed by respondent nos.16 and 17, we find that the petitioner and some of the respondents like Respondent No.12 are agitating over a dispute of property in a title suit which is pending between the parties and the petitioner seems to be an interested person having a grudge or grievance against them, i.e. respondent nos. 12, 16, 17 etc. because of the dispute pending between them in the title suit.
That being so, at the instance of the petitioner, who has grudge or grievance against some of the respondents, we are not inclined to interfere into the matter exercising our extra ordinary jurisdiction under Article 226 of the Constitution in a public interest litigation. The petitioner seems to be an interested vis-à-vis his right and the claim made against some of the respondents. That being so, it Patna High Court CWJC No.9498 of 2016 dt.06-04-2017 3/3 is not a fit case where the petitioner should be permitted to agitate the matter in public interest litigation.
The petition is, therefore, dismissed.
(Rajendra Menon, CJ) (Sudhir Singh, J) Sunil/-
AFR/NAFR NAFR CAV DATE N. A. Uploading Date 08.04.2017 Transmission Date