Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7201 of 2025 ====================================================== 1.

Narendra Kumar Son of Late Sri Narshing Baitha, Secretary LIGH- Awash Kalyan Samati LIGH- 35, Kankarbagh Lohia Nagar Kankarbagh, P.S. Kankarbagh, District- Patna- 20.

2.

Ravindra Kumar, Son of Late Sri Ram Prasad, Secretary LIGH- 44 one of the Member LIGH Awash Kalyan Samati, Kankarbagh Patna - 20. 3.

Ranjeet Kumar, Son of Late G.K. Gupta, Resident of LIG- 50, Kankarbagh, P.S.- Kankarbagh, District - Patna - 20.

4.

Amit Ranjan Son of Ravi Ranjan Prasad, resident of LIG Lohia Nagar Kankarbagh, P.S. Kankarbagh, District- Patna. One of the Member LIGH Awash Kalyan Samati.

5.

Tej Narayan Singh, Son of Late Chandeshwar Singh, Resident of C-50, Housing Colony, P.S. Kankarbagh, District- Patna- 20. 6.

Prabhat Kumar, Son of Late Ganga Vishnu Chowdhary resident of LIG- 35 Kankarbagh, P.S. - Kankarbagh, District - Patna, One of the member of LIGH Awash Kalyan Samati.

7.

Punam Sinha, Wife of Bharat Prasad Sharma, Resident of C-42, Housing Colony, P.S. Kankarbagh, District- Patna - 20. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary Government of Bihar Patna. 2.

The Collector, Patna.

3.

The Managing Director Housing Board Bihar Patna, Mangals Road near Old Secretariat Patna.

4.

The Assistant Engineering Housing Board, Mangals Road Near Old Secretariat Patna.

5.

Sri Ram Chandra Prasad Singh, son of Late Maha Prasad Singh, resident of Flat No. 406, Vijay Aman Apartment Kankarbagh Main Road, P.S. Kankarbagh, District - Patna.

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate Mr. Satyendra Prasad Singh, Advocate Mr. Pawan Kumar, Advocate Ms. Diksha, Advocate For the Respondent/s :

Mr. P.K. Shahi, Advocate General ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

2/4 (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 02-12-2025 The writ application has been filed for the following relief:

"That this writ petition is being filed on behalf of the petitioners above named for issuance of an appropriate writ(s), order(s). direction(s) commanding the Respondents and restraining Respondent No. 2, 3 & 4 for disturbing and damaging the LIG Park and for handing over the physical portion of the land of the park in the garb of allotment of Plot No. T/476, which has been alleged to have been made by the Housing Board vide Allotment No. 7961 dated 30.10.1981, which had already been cancelled by the Hon'ble Governor, Bihar, Patna vide Gazette Notification No. 1320 dated 04.08.1993 and to restrain Respondent No. 5 from taking forceful possession with the help of ante-social element and with the help of criminals."

2. In response to the grievance raised by the petitioners, a counter affidavit has been filed on behalf of respondent Nos. 3 and 4, whereby the report of the DCLR has been discussed in Annexure R/5. The said enquiry report clearly indicates that the land allotted to the private respondent No. 5 does not fall within the area of the park in question. Learned counsel for the respondents further submits that the petitioner has not made the mandatory declaration required under the High

3/4 Court Rules for filing a Public Interest Litigation.

3. A one-line statement has been made in paragraph No. 2 of the writ application that the petitioner is a citizen of India and resides within the territorial jurisdiction of this Court. Except for this assertion, there is nothing on record to show his locus to file the present Public Interest Litigation.

4. The parameters laid down in Chapter XXI-CC of the Rules of the High Court at Patna, 1916, for filing PIL matters, are as follows:- "6. To facilitate the aforesaid purpose, a petitioner in a PIL shall state in clear terms the relief prayed for in paragraph-1 of the petition and the grounds in paragraph-2. In paragraph-3, he must give full and complete details of himself to reveal his interest, credentials and qualification relevant for the PIL, along with a declaration that he has no personal interest, direct or indirect, in the subject matter of the PIL. In addition, ordinarily, the petitioner is required to set out all relevant facts with supporting data, reports, etc.

7. After arriving at a prima facie satisfaction regarding the credentials of the petitioner and the correctness of the contents of the petition, if the Court finds that the petition was filed by busybodies for extraneous or ulterior motives, the Bench may impose exemplary costs."

4/4

5. Considering the aforesaid facts, we find no reason to pass any further order in the present writ application.

6. The writ application is, accordingly, disposed of.

7. Pending application(s), if any, shall also stand disposed of.

(Sudhir Singh, ACJ) (Alok Kumar Pandey, J) Anushka/- U