Bharat Vikas Parishad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12248 of 2012 =========================================================== Bharat Vikas Parishad, Patna City, represented by : Shri Saroj Kumar Sinha (aged about 62 years) S/O Late Bishwa Mohan Prasad Sinha, Resident of Jittu Lal Lane, Chowk Shikarpur, Patna City, P.S. - Chowk, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. The Chief Secretary, Govt. of Bihar, Old Secretariate, Patna.

3. The Principal Secretary, Department of Home, Govt. of Bihar, Patna

4. The Principal Secretary, Deptt. of Urban Development, Govt. of Bihar, Patna

5. The Principal Secretary, Deptt. of Health & Welfare, Govt. of Bihar, Patna

6. The Principal Secretary, Deptt. of HRD (Education), Govt. of Bihar, Patna

7. The Principal Secretary, Deptt. of Environment & Forest, Govt. of Bihar, Patna

8. The Secretary, Deptt. of Tourism, Govt. of Bihar, Patna

9. The Secretary, Deptt. of Road Construction , Govt. of Bihar, Patna

10. The Secretary, Public Health Engineering Deptt, Govt. of Bihar, Patna

11. The Development Commissioner, Deptt. of Planning & Development, Govt. of Bihar, Patna

12. The Commissioner, Patna Division, Patna

13. Chairman, Bihar State Electricity Board, Patna

14. Chairman, Bihar State Pollution Control Board, Beltron Bhawan, Shastri Nagar, Patna

15. The District Magistrate, Patna

16. The Senior Superintendent of Police, Patna

17. The Town Commissioner, Patna Municipal Corporation, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner : Dr. Amitesh Chandra, Advocate. For the State of Bihar : Mr. Lalit Kishore, PAAG Mr. R.K. Prihadarshi, S.C. 32 For the Respondent No.14: Shivendra Kishore, Sr. Advocate. For the Respondent No.17 : Sanjay Prakash Verma, Advocate. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 10-02-2015 The petitioner, a socio-cultural organization has filed this writ petition for the reliefs, ranging from issuance of a writ

Patna High Court CWJC No.12248 of 2012 dt.10-02-2015 commanding the respondents to streamline every possible civic amenities like, Water, Electricity, power supply, Hospital and Health Care, Sanitation, Construction of roads, Parks on the banks of river Ganga, public health, cremation grounds and educational institutions to formation of a new District in the State. The prayer itself goes into nine pages of the writ petition. The Respondents filed their counter affidavit contesting the writ petition.

We heard Dr. Amitesh Chandra, learned counsel for the petitioner and Sri Lalit Kishore, learned Principal Additional Advocate General for the Respondents in detail. A mere perusal of the prayer in the writ petition discloses that every activity which is supposed to be undertaken by the Government is mentioned in it. The petitioner no doubt intents that the functioning of the Government must be improved.

However, such a general expectation cannot constitute a matter of Public Interest Litigation. In case the petitioner is of the view that the state of affairs in any particular public institution or department is not upto the mark he must single out that matter, and approach this Court or the State Government or any other authority. It is just impossible for this Court to issue directions on the writ petition as prayed for by learned counsel for the petitioner.

Learned counsel for the petitioner submits that he would

Patna High Court CWJC No.12248 of 2012 dt.10-02-2015 be satisfied if necessary directions are issued as regards the Mangal Talaab and Guru Govind Singh Hospital. Even for this it becomes necessary to file a separate writ petition, mentioning the relevant facts.

Therefore, the writ petition is disposed of leaving it open to the petitioner to file a writ petition, restricting the relief against any particular activity or organization. Interlocutory Applications, if any, stands disposed of. There shall be no order as to costs.

(L. Narasimha Reddy,CJ) (Vikash Jain, J) Chandran/Md.Ibrarul U