Munish Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1034 of 2023 ====================================================== Munish Om Prakash Singh S/o Shri Satyabir Singh, R/o Om Nagar, (Raniganj Road) Ward No.8, PO and PS Araria, District Araria- 854311, at present resident of D.N. Yadav Bhawan, Old Post Officer Road, Punaichak, Patna800023, Advocate, Lawyers Association, Patna High Court. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary. 2.

The Chief Secretary to the Government of Bihar, Patna. 3.

The Secretary, Transport Department, Government of Bihar, Patna. 4.

The State Transport Commissioner, Transport Department, Bihar, Patna. 5.

The Administrator, Bihar State Road Transport Corporation, Patna. 6.

The District Magistrate-cum-Chairman, Patliputra Bus Terminal Executive Committee, Patna.

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

For the Petitioner/s :

Mr. Krishna Ballabha Sharma, Advocate For the Respondent/s :

Mr. Sarvesh Kr. Singh, AAG13 For the BSRTC :

Mr. P.K.Verma, Sr. Advocate Mr. Suman Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE) 09-02-2023 The present writ application has been filed challenging the decision of the Government to shift Bankipur Government Bus Stand, Patna to Transport Complex at Phulwarisharif.

Mr. Krishna Ballabh Sharma, learned counsel appearing on behalf of the petitioner has submitted that general public of Patna will suffer immense hardship if the bus stand is

Patna High Court CWJC No.1034 of 2023(3) dt.09-02-2023 2/3 shifted to Phulwarisharif. He has argued that the bus stand is being shifted from the present place in order to accommodate a five star hotel. He has vehemently argued that such shifting is not in public interest rather it is for promoting interest of private players.

Mr. Sharma, learned counsel has however not been able to point out breach of any statutory or constitutional provision while assailing the impugned action of the respondents. His submission is mainly based on the newspaper reports. He has placed reliance on newspaper's clippings. This Court cannot take decisions on the basis of newspaper reports. He has further submitted that because of traffic congestion shifting of the bus stand to the proposed place will cause immense problems and that the present bus stand is located at safe convenient place.

This writ petition, however, is deficient of such pleadings.

In such circumstances, this Court is not inclined to accede to the oral submissions made on behalf of the petitioners for seeking the relief as sought in the present writ application. We reiterate that it is purely an executive function to decide as to which place shall be more suitable for bus stand.

Patna High Court CWJC No.1034 of 2023(3) dt.09-02-2023 3/3 This Court exercising writ jurisdiction does not have the judicial determining parameters to decide as to which place would be more suitable to safeguard the interest of the general public. We accordingly, do not find any merit in this application.

This application is accordingly dismissed.

(Chakradhari Sharan Singh, ACJ) ( Partha Sarthy, J) Bibhash/Saurabh U