Abhijit Kashyap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5111 of 2023 ====================================================== Abhijit Kashyap, Son of Late Pandit Ram Narayan Shastri, Resident of Mohalla- Rajendra Nagar, P.S.- Kadamkuan, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.
The Additional Chief Secretary, General Administration Department, Govt. of Bihar, Patna.
3.
The Principal Secretary, Land Reforms and Revenue Department, Govt. of Bihar, Patna.
4.
The Principal Secretary, Road Construction Department, Govt. of Bihar, Patna.
5.
The Secretary, Cabinet Secretariat Department, Bihar Patna. 6.
The Commissioner, Vigilance Department, Govt. of Bihar, Patna. 7.
The Director General, Vigilance Investigation Bureu, Patna. 8.
The Commissioner, Patna Division, Patna.
9.
The Collector, Patna, District- Patna.
10.
Patna Municipal Corporation, Patna through its Municipal Commissioner. 11.
The Municipal Commissioner, Patna Municipal Corporation, Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinu Kumar, Advocate Ms. Ritika Rani, Advocate For the Respondent/s :
Mr. P.K. Shahi (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-04-2023 The Public Interest Litigation is filed seeking the following reliefs:- "(A) For Commanding the respondents to ensure no statue of Saheed Jubba Sahni be installed on 11.03.2023 at place of Md. Dowell Golambar,
Patna High Court CWJC No.5111 of 2023 dt.11-04-2023 2/3 Road No. 8, Rajendra Nagar, Patna whereat Hon'ble Mr. Justice Shiva Kirti Singh have gave foundation stone on 02.03.2006 for installation of statue of Padma Shri Dr. Shailendra Nath Srivastava.
(B)Also for commanding the respondents to restrain the State authority in changing the structure of Md. Dowell Golambar, Road No. 8, Rajendra Nagar in the District of Patna which was fixed for statue installation of Padma Shri Dr. Shailendra Nath Srivastava who has discharged duty of Vice Chancellor of Tilka Manjhi University, Bhagalpur and many other posts, Member of Parliament, Patna and other many posts in order to see statue of Padma Shri Dr. Shailendra Nath Srivastava only be installed in order to fulfill the wishes of people towards regard of Padma Shri Dr. Shailendra Nath Srivastava.
(C) Also commanding the State respondents specially the Chief Secretary, Govt. of Bihar, Patna, Director General of Vigilance, Patna to enquire into the matter and lodge FIR about the role attributed by the person concerned."
The first two reliefs sought for are regarding installation of statues in public places and also to restrain the State from installing statues of persons other than of persons; for whom it was initially proposed. We find no public interest arising in the above subject sought to be agitated before this
Patna High Court CWJC No.5111 of 2023 dt.11-04-2023 3/3 Court. We also fail to understand how and on what grounds an FIR can be registered if the Government has decided to install the statue of a particular person.
We find absolutely no reason to exercise the extraordinary jurisdiction of this Court in such matters and dismiss the writ petition in limine.
(K. Vinod Chandran, CJ) (Madhuresh Prasad, J) P.K.P./Anushka AFR/NAFR CAV DATE Uploading Date 17.04.2023 Transmission Date