Atmabodh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3498 of 2024 ====================================================== Atmabodh through its Secretary, Dr. Maurya Vijay Chandra having its registered office at - 2183, Sector B, Pocket 2, Vasant Kunj, New Delhi Pin - 110070.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Planning and Development, Government of Bihar, Old Secretariat, Bailey Road, Patna - 800015.

2.

Tourism Department, Government of Bihar through the Principal Secretary, Patna, Bihar, Old Secretariat, Bailey Road, Patna - 800015. 3.

The District Magistrate Gaya, Add : The Office of District Magisrate, Dipak Road, Durga Bari, Gaya, Bihar - 823001.

4.

Bihar Tourism Development Corporation Ltd., Veer Chand Patel Path, Patna, Bihar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rana Neha Kumari, Advocate For the State :

Mr. P.K. Shahi, Advocate General Mr. Vikash Kumar, AC to AG Mr. Sanjiv Kumar, AC to AG Mr. Amish Kumar, AC to AG For the BTDC :

Ms. Anukriti Jaipuriyar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date : 28-01-2025 We have heard the counsel for the petitioner as also the State.

2. The litigation was initiated by the petitioner with a prayer for a direction to the respondents

2/4 to immediately spruce up the Tourist Complex at Village - Pattharkatti, Gaya and inaugurate it at the earliest so that it becomes fully functional. The further prayer of the petitioner was to direct for an enquiry on the causes of the delay in completion and inauguration of the project and for fixing the responsibility of the Officers responsible for the delay.

3. It appears from the records that at Village - Pattharkatti, a Tourist Complex was constructed from the funds allotted by the Central Government way-back in the year 2016 by the Bihar State Tourism Development Corporation.

4. The Tourism Development Corporation requested the Industries Department for operation and management of the Tourist Complex. The request by the Corporation was not denied, but the response of the Industries Department was that it could be permitted to handle by one of its undertakings, namely, Upendra Maharathi Shilp Anushandhan Sansthan, Patna, which

3/4 could take charge of the Tourist Complex. However, for the ensuing elections and the promulgation of the Model Code of Conduct, nothing proceeded any further.

5. At present, the stand of the Tourist Corporation is that whole-hog effort is being made to make it functional.

6. From the counter affidavit filed on behalf of respondent No. 4, it appears that the Tourism Department had sought opinion of the Principal Secretary, Department of Industries regarding the management, operation and maintenance of the newly constructed Tourist Complex by the Industries Department. Now, a decision has been taken to operate the Complex by outsourcing it.

7. For operation and maintenance of the Complex in question, a tender had also been floated, which attracted two bidders, but both of them were disqualified for their being technically non-responsive.

8. Thereafter, an approval has been

4/4 obtained from the Department of Tourism to handover the demised property, viz., Tourist Complex at Village - Pattharkatti to Bihar Rural Livelihoods Promotion Project, properly known as JEEViKA with the objective of social and economic empowerment of the local people and also for repair or renovation of the property, if required, which shall be done by the Tourism Corporation.

9. We find from these facts that all efforts are being made to make the Tourist Complex functional and purposive.

10. There is no necessity of continuing with this Public Interest Litigation.

11. The petition is consigned.

(Ashutosh Kumar, ACJ) (Partha Sarthy, J) Praveen-II/Manoj AFR/NAFR NAFR CAV DATE N/A Uploading Date 29.01.2025 Transmission Date N/A