Braj Mohan Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11576 of 2018 ====================================================== Braj Mohan Sharma S/o Late Nand Kumar Singh, R/o Mohalla- B.N. Roy Road, Kadam Kuan, P.S.- Kadam Kuan, Dist.- Patna ... ... Petitioner

Versus

1.

The State Of Bihar through its Chief Secretary having his office at Old Secretariat, Bihar, Patna.

2.

The Principal Secretary, Land Reforms Department, Govt. of Bihar, Patna 3.

The Special Secretary, Khas Mahal, Land Revenue Department. 4.

The Collector, Patna Collectorate, Patna 5.

The Additional Collector, Khas Mahal, Vikas Bhawan, Collectorate, Patna 6.

The Municipal Commissioner, Patna Municipal Corporation, Maurya Lok, Patna 7.

The Director Vigilance, MAP, Government of Bihar, Patna 8.

The Union of India Through its Enforcement Directorate and Director Benami Transaction, New Delhi 9.

The Enforcement Directorate, Union of India, 4th Floor Eastern Wing, BSFC, Frazer Road, Patna ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Lala Sheshendra Narayan Rais, Adv For the Respondent-State:

Mr. Bishwa Bibhuti Kumar Singh, Adv For the UoI :

Mr. Manoj Kumar Singh, Adv.

For the PMC :

Mr. Prasoon Sinha, Adv.

For the Vigilance :

Mr. Anil Singh, Sp. P.P. Vig.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) Date : 14-07-2022 The instant application in the nature of Public Interest Litigation (for short 'PIL') has been filed for directing the respondents to restrain unauthorized, illegal and unlawful transfer of Khas Mahal properties in Kadam Kuan area of Patna

Patna High Court CWJC No.11576 of 2018 dt.14-07-2022 2/2 and other places of Bihar without any registration and without recourse of any legal or lawful manner. The further concern of the petitioner is that buildings are being constructed without sanction of map on Khas Mahal land in Kadam Kuan area of Patna.

The petitioner claims himself to be a public spirited person having no direct or indirect interest in the matter. In the entire application, there is no detail of any Khas Mahal property which is being illegally transferred or over which construction is being made without sanction of map. In our opinion, no fishing and roving enquiry can be initiated on the basis of such a vague application.

We see no merit in the application. It is dismissed, accordingly.

(Ashwani Kumar Singh, J) ( Dr. Anshuman, J) rohit/- AFR/NAFR NAFR CAV DATE NA Uploading Date 18-07-2022 Transmission Date NA