Manoj Upadhyay v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11306 of 2017 ======================================================

1. Manoj Upadhyay Son of Sachindra Upadhyay Resident of Village - Mahuariya, P.S. - Sheohar, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Magistrate-cum-Collector, Sheohar.

3. The Deputy Development Commissioner, Sheohar.

4. The Sub-Divisional Officer, Sheohar.

5. The Circle Officer, Sheohar, District - Sheohar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Respondent/s : Mr. Anjani Kumar-AAG-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR PADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-08-2017 Inter alia contending that after dismantling a public library in the area in question, a community hall is being constructed which is not in the interest of the public, this Public Interest Litigation has been filed.

The question of construction of a community hall and action taken for demolition of the public library are not governed by the statutory provisions or constitutional provisions. It is a policy matter, executive in nature, and in a Public Interest Litigation exercising extraordinary jurisdiction under Article 226 of the Constitution, a Writ Court is not required to go into these

Patna High Court CWJC No.11306 of 2017 (2) dt.08-08-2017 2/2 questions.

Granting liberty to the petitioner to take up these issues with the administrative authorities, we dispose of the matter.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) K.C.jha/- U