Rajesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6567 of 2023 ====================================================== Rajesh Kumar Singh, Son of Late Kameshwar Singh Resident of VillageAnugrah Nagar Baluahi, Post Office and Police Station- Mohiuddin Nagar, District- Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.
The Secretary-cum-Legal Rememberance, Law Department, Government of Bihar, Patna.
3.
The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
4.
The Registrar General, Patna High Court, Patna. 5.
The District Judge, Samastipur, District- Samastipur. 6.
The District Magistrate, Samastipur, District- Samastipur. 7.
The Sub-Divisional Officer, Patori, District- Samastipur. 8.
The Deputy Collector Land Reforms, Patori, District- Samastipur. 9.
The Circle Officer, Patori, District- Samastipur. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh, Advocate Mr. Surendra Kumar Mishra, Advocate Mr. Amit Kumar, Advocate For the Respondent/s :
Mr. S. D. Yadav (AAG-9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 05-05-2023 The prayer in the writ petition is to construct the Civil Court Building, Shahpur Patori on the agricultural farm land or 100 metre north of Shahpur Patori Railway Station. The petitioner also seeks for setting aside the proposal of respondent no. 9 and to implement any other proposal beneficial to the
Patna High Court CWJC No.6567 of 2023 dt.05-05-2023 2/3 people of Shahpur Patori, District-Samastipur. The reliefs prayed for are in the form of questionnaire as to whether respondent no. 6 demanded a proposal from the Revenue Clerk for the aforesaid construction; whether on the report of Revenue Clerk respondent no. 9 sent a proposal and whether the Revenue Clerk sent a proposal for acquiring raiyati lands which are 5 kilometers away and is a flooded area with no access to communication. We are afraid that there is no public interest discernible from the aforesaid prayers made which is almost in the nature of seeking information for which there are adequate remedies available under the Right to Information Act, 2005.
In any event, we are not convinced there could be any such claim made in public interest, especially when the High Court is in seisin of the infrastructure needs of the District Courts. The land for construction of court complexes are first identified by the local inspection conducted by the District Judge and the District Magistrate upon which a proposal is sent either to the Law Department or to the High Court.
Patna High Court CWJC No.6567 of 2023 dt.05-05-2023 3/3 and building construction for the purpose of establishment of Courts.
We are of the opinion that the writ petition lacks bona fide, and the same has to be dismissed in limine. (K. Vinod Chandran, CJ) ( Rajiv Roy, J) Anushka/- AFR/NAFR CAV DATE Uploading Date 09.05.2023 Transmission Date